Comstock v. Johnson’s Empirical Analysis

Citation profile

7 state decisions

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The qualification of a witness to testify as an expert is a matter within the sound discretion of the trial court, and where there is no showing of a clear abuse of that discretion the ruling of that court will not be disturbed on appeal, 10 Cal. Jur. 963; 5 Cal. Jur. [10-Yr.] Supp. [1944 Rev.] 693 and cases there cited, nor will the ruling be disturbed if there is any substantial evidence to support it. Humiston v. Hook, 86 Cal. App.2d 101 , 194 P.2d 122 . In view of the qualifications of Mr. Stern as hereinabove set forth, this court cannot say as a matter of law that a clear abuse of discretion occurred in the trial court. And while residence within the jurisdiction of Norway and first-hand observation of the customs of the country might go to the weight of Mr. Stern's testimony, it does not go to its admissibility and the position of appellant that the lack thereof disqualified Mr. Stern as an expert witness is untenable.”

   1 later decision quote this exact passage
   e.g. In Re Spoya's Estate

2. “The court sustained an objection to this question, and refused to allow him to testify further on the subject, basing the ruling upon the proposition that the laws of a foreign country cannot be proven by the testimony of a witness who was not engaged in the practice of law therein. In this we think the court erred. Section 1902 of the Code of Civil Procedure provides that: `The oral testimony of witnesses skilled therein is admissible as evidence of the unwritten law of a sister state or foreign country.' It does not declare that such witness must be engaged in the practice of the law in such country, or as a professor of law therein. It is sufficient if it appears that he was skilled therein.”

   1 later decision quote this exact passage
   e.g. In Re Spoya's Estate