954 So. 2d 545 - Ware v. Timmons’s Empirical Analysis
2006
Citation profile
1 federal appellate · 2 district · 13 state decisions
Relationships
Relies on Meyer v. Holley · Baxter v. Federal Communications Commission · Andrews v. Merritt Oil Co., Inc. · Philadelphia & Reading Railroad v. Derby · Denton v. Yazoo & Mississippi Valley Railroad
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"No party may assign as error the giving or failing to give a written instruction, or the giving of an erroneous, misleading, incomplete, or otherwise improper oral charge unless that party objects thereto before the jury retires to consider its verdict, stating the matter objected to and the grounds of the objection."”
3 later decisions quote this exact passage“‘“Requiring a party to state to the trial court the grounds for his objection to a jury instruction affords the trial court an opportunity to correct any error in its charge before it becomes error with injury to reversal.’ Coleman v. Taber, 572 So.2d 399, 402 (Ala.1990). Accordingly, ‘[g]rounds must be stated in other than general terms.’ Rule 51, Ala. R. Civ. P., Committee Comments on 1973 Adoption. ‘Although Rule 51 does not contemplate that the objecting party, in order to preserve for appellate review an erroneous instruction, deliver a discourse on the applicable law of the case, he must adequately state specific grounds for his objection.’ McElmurry v. Uniroyal, Inc., 531 So.2d 859, 859-60 (Ala.1988).””
2 later decisions quote this exact passage““[t]he relation of agency is created as a result of conduct by two parties manifesting that one of them is willing for the other to act for him subject to his control, and that the other consents so to act. The principal must in some manner indicate that the agent is to act for him, and the agent must act or agree to act on the principal’s behalf and subject to his control.””
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.