green
Positive treatment
Quoted verbatim 1×
6.1 score
“permissible inferences must still be within the range of reasonable probability, however, and it is the duty of the court to withdraw the case from the jury when the necessary inference is so tenuous that it rests merely upon speculation and conjecture.”
Treatment trajectory · 1959 → 2026 · click a year to view as-of
1959
1992
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. 9.85 ACRES OF LAND, ETC.
United States v. 29.40 Acres of Land, D.C.D.N.J., 131 F. Supp. 84 ; United States v. 44.00 Acres of Land, 2 Cir., 234 F.2d 410 , certiorari denied 352 U.S. 916 , 77 S.Ct. 215 , 1 L.Ed. 2d 123 ; but see In re United States, 5 Cir., 257 F.2d 844 , certiorari denied Certain Interests in Property in Hillsborough County of Florida v. United States, 358 U.S. 908 , 79 S.Ct. 234 , 3 L.Ed.2d 228 .
examined
Cited as authority (quoted)
NEW V. THERMO FISHER SCIENTIFIC, INC.
permissible inferences must still be within the range of reasonable probability, however, and it is the duty of the court to withdraw the case from the jury when the necessary inference is so tenuous that it rests merely upon speculation and conjecture.
cited
Cited "see"
Joseph v. Broussard Rice Mill, Inc.
Rougeau, 432 So.2d at 1167 ; see Ford Motor Co. v. McDavid, 259 F.2d 261, 266 (4th Cir.), cert. denied, 358 U.S. 908 , 79 S.Ct. 234 , 3 L.Ed.2d 229 (1958).
cited
Cited "see"
Sylvia Development Corporation v. Calvert County
See Ford Motor Co. v. McDavid, 259 F.2d 261, 266 (4th Cir.), cert. denied, 358 U.S. 908 , 79 S.Ct. 234 , 3 L.Ed.2d 229 (1958).
cited
Cited "see"
Sylvia Development Corp. v. Calvert County
See Ford Motor Co. v. McDavid, 259 F.2d 261, 266 (4th Cir.), cert. denied, 358 U.S. 908 , 79 S.Ct. 234 , 3 L.Ed.2d 229 (1958).
discussed
Cited "see"
Ijeamaka Ekweani v. Atlanta City Employees Credit Union
See Ford Motor Co. v. McDavid, 259 F.2d 261, 266 (4th Cir.), cert. denied, 358 U.S. 908 (1958). 8 To establish a claim for intentional infliction of emotional distress pursuant to Georgia law, Ekweani must demonstrate that the Credit Union's conduct was wilful and wanton or intentionally directed to harm her, the actions were such as would naturally humiliate, embarrass, frighten, or outrage Ekweani, and the conduct caused mental suffering, emotional upset or distress.
discussed
Cited "see"
Menne v. Celotex Corporation
See Lohrmann v. Pittsburgh Corning Corp., 782 F.2d 1156, 1163 (4th Cir.1986) ("permissible inferences must ... be within the range of reasonable probability") (quoting Ford Motor Co. v. McDavid, 259 F.2d 261, 266 (4th Cir.), cert. denied, 358 U.S. 908 , 79 S.Ct. 234 , 3 L.Ed.2d 229 (1958)); Lisa-Jet, Inc. v. Duncan Aviation, Inc., 569 F.2d 1044 (8th Cir.), cert. denied, 439 U.S. 828 , 99 S.Ct. 100 , 58 L.Ed.2d 121 (1978) (quoting Ford Motor Co. v. Mondragon, 271 F.2d 342, 345 (8th Cir.1959), that "[t]he essential inference cannot be left to conjecture and speculation").
discussed
Cited "see"
Menne v. Celotex Corp.
See Lohrmann v. Pittsburgh Corning Corp., 782 F.2d 1156, 1163 (4th Cir.1986) (“permissible inferences must ... be within the range of reasonable probability”) (quoting Ford Motor Co. v. McDavid, 259 F.2d 261, 266 (4th Cir.), cert. denied, 358 U.S. 908 , 79 S.Ct. 234 , 3 L.Ed.2d 229 (1958)); Lisa-Jet, Inc. v. Duncan Aviation, Inc., 569 F.2d 1044 (8th Cir.), cert. denied, 439 U.S. 828 , 99 S.Ct. 100 , 58 L.Ed.2d 121 (1978) (quoting Ford Motor Co. v. Mondragon, 271 F.2d 342, 345 (8th Cir.1959), that “[t]he essential inference cannot be left to conjecture and speculation”).
discussed
Cited "see"
Robert J. Mayberry v. William Dees, Chairman, Board of Governors, University of North Carolina, Individually and in His Official Capacity, William Friday, President,university of North Carolina, Individually and in His Official Capacity Robertmorgan, Chairman,board of Trustees, East Carolina University, Individually and in His Officialcapacity Leo W. Jenkins, Chancellor, East Carolina University, Individuallyand in His Official Capacity Robert L. Holt, Vice-Chancellor, East Carolinauniversity,individually and in His Official Capacity Robert W. Williams, Provost, Eastcarolina University, Individually and in His Official Capacity Richardcapwell, Dean Arts and Sciences East Carolina University, Individually and Inhis Official Capacityjoseph Fernandez, Chairman of Romance Languages, East Carolina University,individually and in His Official Capacity, National Education Association, Amicus Curiae. Robert J. Mayberry v. William Dees, Chairman, Board of Governors, University of North Carolina, Individually and in His Official Capacity William Friday, President,university of North Carolina, Individually and in His Official Capacity Robertmorgan, Chairman,board of Trustees, East Carolina University, Individually and in His Officialcapacity Leo W. Jenkins, Chancellor, East Carolina University, Individuallyand in His Official Capacity Robert L. Holt, Vice-Chancellor, East Carolinauniversity,individually and in His Official Capacity Robert W. Williams, Provost, Eastcarolina University, Individually and in His Official Capacity Richardcapwell, Dean, Arts and Sciences, East Carolina University, Individually and Inhis Officialcapacity Joseph Fernandez, Chairman of Romance Languages, East Carolinauniversity, Individually and in His Official Capacity, National Education Association, Amicus Curiae
Chief Judge Sobeloff put it well when he observed that an issue can only be submitted to the jury when it is supported by "(e)vidence which shows a 'probability' and not a mere 'possibility.' " Ralston Purina Co. v. Edmunds, 241 F.2d 164, 168 (4th Cir. 1957), cert. denied, 353 U.S. 974 , 77 S.Ct. 1059 , 1 L.Ed.2d 1136 (1957); accord Ford Motor Co. v. McDavid, 259 F.2d 261, 266 (4th Cir. 1958), cert. denied, 358 U.S. 908 , 79 S.Ct. 234 , 3 L.Ed.2d 229 (1958); Bryan v. Merrill, Lynch, Pierce, Fenner and Smith, Inc., 565 F.2d 276, 281-82 (4th Cir. 1977), cert. denied, 435 U.S. 943 , 98 S.Ct. 1524…
discussed
Cited "see"
Mayberry v. Dees
Chief Judge Sobeloff put it well when he observed that an issue can only be submitted to the jury when it is supported by “[e]vidence which shows a ‘probability’ and not a mere ‘possibility.’ ” Ralston Purina Co. v. Edmunds, 241 F.2d 164, 168 (4th Cir. 1957), cert. denied, 353 U.S. 974 , 77 S.Ct. 1059 , 1 L.Ed.2d 1136 (1957); accord Ford Motor Co. v. McDavid, 259 F.2d 261, 266 (4th Cir. 1958), cert. denied, 358 U.S. 908 , 79 S.Ct. 234 , 3 L.Ed.2d 229 (1958); Bryan v. Merrill, Lynch, Pierce, Fenner and Smith, Inc., 565 F.2d 276, 281-82 (4th Cir. 1977), cert. denied, 435 U.S. 943 , 9…
cited
Cited "see"
United Gas Pipe Line Co. v. Lafourche Parish Police Jury
See Department of Highways, State of Louisiana v. United Gas Pipe Line Co., 258 *1301 F.2d 359 (5th Cir.), cert. denied, 358 U.S. 910 , 79 S.Ct. 235 , 3 L.Ed.2d 230 (1958).
discussed
Cited "see"
American Safety Table Company, Inc., Plaintiff-Appellant-Appellee v. Joseph Schreiber and David Goldberg, Individually and as Partners Trading as Schreiber & Goldberg, Defendants-Appellees-Appellants. American Safety Table Company, Inc. v. Joseph Schreiber and David Goldberg, Individually and as Partners Trading as Schreiber & Goldberg
See Zoomar, Inc. v. Paillard Products, 2 Cir., 258 F.2d 527 , certiorari denied 358 U.S. 908 , 79 S.Ct. 237 , 3 L.Ed.2d 230 3 The court's statement that "in the Amco machine the pressure is effected in a direction lengthwise of the center line of the collar" is incorrect and without support in the record.
cited
Cited "see"
American Safety Table Co. v. Schreiber
See Zoomar, Inc. v. Paillard Products, 2 Cir., 258 F.2d 527 , certiorari denied 358 U.S. 908 , 79 S.Ct. 237 , 3 L.Ed.2d 230 . .
discussed
Cited "see, e.g."
Frankel v. Slotkin
NLRB v. Martin A. Gleason, Inc., 534 F.2d 466 , 474 (2d Cir.1976); see also Radiation Dynamics, Inc. v. Goldmuntz, 464 F.2d 876, 887 (2d Cir.1972) (“ ‘[permissible inferences must still be within the range of reasonable probability ... and it is the duty of the court to withdraw the case from the jury when the necessary inference is so tenuous that it rests merely upon speculation and conjecture’ ” (quoting Ford Motor Co. v. McDavid, 259 F.2d 261, 266 (4th Cir.), cert. denied, 358 U.S. 908 , 79 S.Ct. 234 , 3 L.Ed.2d 229 (1958))).
discussed
Cited "see, e.g."
Frankel v. Slotkin
But the inference, to qualify as a fact found, must be reasonable, and, in the context of the known facts, be one that springs readily and logically to mind and is not one of two or more inferences, both or all of which are about equally probable. 29 NLRB v. Martin A. Gleason, Inc., 534 F.2d 466 , 474 (2d Cir.1976); see also Radiation Dynamics, Inc. v. Goldmuntz, 464 F.2d 876, 887 (2d Cir.1972) (" '[p]ermissible inferences must still be within the range of reasonable probability ... and it is the duty of the court to withdraw the case from the jury when the necessary inference is so tenuous th…
discussed
Cited "see, e.g."
Clarence Evans and Katherine Evans v. United States of America, Chester Parker v. United States
See, also, In re Unit *830 ed States, 5 Cir., 1958, 257 F.2d 844, 849 , certiorari denied, Certain Interests in Property, etc. v. United States, 358 U.S. 908 , 79 S.Ct. 234 , 3 L.Ed.2d 228 ; United States v. 9.85 Acres in Hampton, Virginia, E.D.Va., 1959, 183 F.Supp. 402, 404-405 , affirmed sub nom.
Retrieving the full opinion text from the archive…
Flowers
v.
Nance Exploration Co.
v.
Nance Exploration Co.
No. 467.
Supreme Court of the United States.
Dec 8, 1958.
Petitioner pro se. William L. Kerr for respondent.
Cited by 4 opinions | Published
Citer courts: M.D. North Carolina (1)
Court of Civil Appeals of Texas, Eighth Supreme Judicial District. Certiorari denied.