129 Cal. App. 171 - Miller v. Schimming’s Empirical Analysis
1933
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently April 1955
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gett v. Pacific Gas & Electric Co. · Neher v. Kauffman · De Arellanes v. Arellanes · 114 Cal. App. 658 - Winning v. Board of Dental Examiners · Crow v. Crow
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““From the above recital it is apparent that not only was plaintiff’s testimony during the trial contradicted by his previous testimony given during the taking of his deposition, but also that his testimony on direct examination as to the location of his truck when he looked both to the east and west, and more particularly the distance to the west within which his vision was unobstructed, was contradicted by his later testimony on cross-examination. Nevertheless, we are not prepared to say that his testimony, although clearly contradictory in the respects mentioned and conflicting in other respects, is entirely discredited and unworthy of consideration. It is not conclusive of this appeal that the record indicates that plaintiff’s testimony during the trial was, in many respects, conflicting and that it was contradicted by his testimony given on another occasion. The question of the credibility of witnesses is one that is to be determined solely by the triers of fact. (Farmers’ Bank of Camarillo v. Goodrich, 90 Cal. App. 717 [ 266 Pac. 550 ] ; Winning v. Board of Dental Examiners, 114 Cal. App. 658, 667 [ 300 Pac. 866 ].) The jury, by its verdict herein, has indicated that it did not consider plaintiff’s testimony, inconsistent and conflicting though it undoubtedly was, as being entirely unworthy of belief. By this determination we are bound unless it appears that plaintiff’s testimony is inherently so improbable and impossible of belief that, in effect, it constitutes no evid”
1 later decision 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.