weight of the evidence test in Maryland

7 Maryland opinions name it 2 courts 1967–2001 0 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

Case	Followed	Cited
Southern Canal Co. v. State Board of Water Engineersgreen texapp · 1958 · cited in 1 Maryland opinions naming this issue, 1967–1967 2 sentences 1967See Southern Canal Company v. State Board of Water Engineers, 311 S.W.2d 938 (Texas Civ. 1967See Southern Canal Company v. State Board of Water Engineers, 311 S. W. 2d 938 (Texas Civ.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
State Insurance Commissioner v. National Bureau of Casualty Underwriters green md · 1967 2 sentences 2001The reviewing court, however, “may apply the weight of the evidence test to the factual findings of the agency, without exercising nonjudicial functions, provided it does not itself make independent findings of fact or substitute its judgment for that of the agency.” 248 Md. at 310 , 236 A.2d at 292 . 2001The reviewing court, however, “may apply the weight of the evidence test to the factual findings of the agency, without exercising nonjudicial functions, provided it does not itself make independent findings of fact or substitute its judgment for that of the agency.” 248 Md. at 310 , 236 A.2d at 292 .	6	1971–2001
National Labor Relations Board v. Southland Mfg. Co. green ca4 · 1952 2 sentences 1985Co., 201 F.2d 244 ; Board of Oak Hill Farms [ 232 Md. 274 , 192 A.2d 761 ] and Board v. Levitt & Sons [ 235 Md. 151 , 200 A.2d 670 ], both supra. “We hold that a court in reviewing legislative actions or decisions of an administrative agency may apply the weight of the evidence test to the factual findings of the agency, without exercising nonjudicial functions, provided it does not itself make independent findings of fact or substitute its judgment for that of the agency. 1967Co., 201 F.2d 244 ; Board v. Oak Hill Farms and Board v. Levitt & Sons, both supra. We hold that a court in reviewing legislative actions or decisions of an administrative agency may apply the weight of the evidence test to the factual findings of the agency, without exercising nonjudicial functions, provided it does not itself make independent findings of fact or substitute its judgment for that of the agency.	2	1967–1985
Board of County Commissioners v. Levitt & Sons, Inc. green md · 1964 2 sentences 1985Co., 201 F.2d 244 ; Board of Oak Hill Farms [ 232 Md. 274 , 192 A.2d 761 ] and Board v. Levitt & Sons [ 235 Md. 151 , 200 A.2d 670 ], both supra. “We hold that a court in reviewing legislative actions or decisions of an administrative agency may apply the weight of the evidence test to the factual findings of the agency, without exercising nonjudicial functions, provided it does not itself make independent findings of fact or substitute its judgment for that of the agency. 1985Co., 201 F.2d 244 ; Board of Oak Hill Farms [ 232 Md. 274 , 192 A.2d 761 ] and Board v. Levitt & Sons [ 235 Md. 151 , 200 A.2d 670 ], both supra. “We hold that a court in reviewing legislative actions or decisions of an administrative agency may apply the weight of the evidence test to the factual findings of the agency, without exercising nonjudicial functions, provided it does not itself make independent findings of fact or substitute its judgment for that of the agency.	1	1985–1985
BOARD OF CTY. COMMISSIONERS OF PRICE GEORGE v. Oak Hill Farms green md · 1963 2 sentences 1985Co., 201 F.2d 244 ; Board of Oak Hill Farms [ 232 Md. 274 , 192 A.2d 761 ] and Board v. Levitt & Sons [ 235 Md. 151 , 200 A.2d 670 ], both supra. “We hold that a court in reviewing legislative actions or decisions of an administrative agency may apply the weight of the evidence test to the factual findings of the agency, without exercising nonjudicial functions, provided it does not itself make independent findings of fact or substitute its judgment for that of the agency. 1985Co., 201 F.2d 244 ; Board of Oak Hill Farms [ 232 Md. 274 , 192 A.2d 761 ] and Board v. Levitt & Sons [ 235 Md. 151 , 200 A.2d 670 ], both supra. “We hold that a court in reviewing legislative actions or decisions of an administrative agency may apply the weight of the evidence test to the factual findings of the agency, without exercising nonjudicial functions, provided it does not itself make independent findings of fact or substitute its judgment for that of the agency.	1	1985–1985
Serio v. Mayor of Baltimore green md · 1964 2 sentences 1983Section 245 of Art. 48A, properly construed, does no more than permissibly require the court to decide (1) the legality of the Insurance Commissioner’s actions, and (2) whether a reasoning mind reasonably could have determined that the factual conclusion reached was proven by the weight of the evidence on the record as a whole. [ 248 Md. at 310 ], See also State of Maryland Commission on Human Relations v. Malakoff, 273 Md. 214 , 329 A.2d 8 (1974); Serio v. Mayor and City Council of Baltimore, 208 Md. 545 , 119 A.2d 387 (1956). 1983Section 245 of Art. 48A, properly construed, does no more than permissibly require the court to decide (1) the legality of the Insurance Commissioner’s actions, and (2) whether a reasoning mind reasonably could have determined that the factual conclusion reached was proven by the weight of the evidence on the record as a whole. [ 248 Md. at 310 ], See also State of Maryland Commission on Human Relations v. Malakoff, 273 Md. 214 , 329 A.2d 8 (1974); Serio v. Mayor and City Council of Baltimore, 208 Md. 545 , 119 A.2d 387 (1956).	1	1983–1983
Maryland Commission on Human Relations v. Malakoff green md · 1974 2 sentences 1983Section 245 of Art. 48A, properly construed, does no more than permissibly require the court to decide (1) the legality of the Insurance Commissioner’s actions, and (2) whether a reasoning mind reasonably could have determined that the factual conclusion reached was proven by the weight of the evidence on the record as a whole. [ 248 Md. at 310 ], See also State of Maryland Commission on Human Relations v. Malakoff, 273 Md. 214 , 329 A.2d 8 (1974); Serio v. Mayor and City Council of Baltimore, 208 Md. 545 , 119 A.2d 387 (1956). 1983Section 245 of Art. 48A, properly construed, does no more than permissibly require the court to decide (1) the legality of the Insurance Commissioner’s actions, and (2) whether a reasoning mind reasonably could have determined that the factual conclusion reached was proven by the weight of the evidence on the record as a whole. [ 248 Md. at 310 ], See also State of Maryland Commission on Human Relations v. Malakoff, 273 Md. 214 , 329 A.2d 8 (1974); Serio v. Mayor and City Council of Baltimore, 208 Md. 545 , 119 A.2d 387 (1956).	1	1983–1983
Kaufman v. Taxicab Bureau green md · 1964 2 sentences 1967We cannot find that in so doing, on the data before it, it reached a finding against the weight of the evidence, still less that it acted arbitrarily." In Kaufman v. Taxicab Bureau, 236 Md. 476 , which upheld the refusal to issue Kaufman a license, the Court referred to all of the criteria of § 255 (g) of the Administrative Procedure Act (which includes the weight of the evidence test) and said (at p. 484): "we have applied each of said criteria to the trial court's action and we find no error." Whichever of the recognized tests the court uses substantiality of the evidence on the record as 1967We cannot find that in so doing, on the data before it, it reached a finding against the weight of the evidence, still less that it acted arbitrarily.” In Kaufman v. Taxicab Bureau, 236 Md. 476 , which upheld the refusal to issue Kaufman a license, the Court referred to all of the criteria of § 255 (g) of the Administrative Procedure Act (which includes the weight of the evidence test) and said (at p. 484) : “we have applied each of said criteria to the trial court’s action and we find no error.” Whichever of the recognized tests the court uses — substantiality of the evidence on the record as	1	1967–1967

Where else courts name it

PA 1310 (1984–2026) OH 281 (1995–2026) IA 189 (2001–2026) NY 89 (1986–2026) ND 21 (1979–2020) MO 18 (2012–2025) FL 12 (1987–2022) VT 11 (1935–2024) CT 10 (1991–2025) MD 7 (1967–2001) MS 6 (2013–2024) CA 3 (1974–2025) TX 3 (1987–1996) MA 2 (1982–1983)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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