129 Cal. App. 2d 222 - Talbert v. Ostergaard’s Empirical Analysis
1954
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently April 1974
19 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 42 Cal. 2d 682 - Burr v. Sherwin Williams Co. · Rose v. Melody Lane · Dierman v. Providence Hospital · 19 Cal. 2d 439 - Druzanich v. Criley · Bone v. Hayes
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The failure of a defendant to produce evidence explaining a circumstance of importance in the case, if such evidence is available, justifies an inference that such evidence, if given, would redound to his prejudice. [Citations.] This principle applies with particular force where, as here, the circumstance to be explained arises in relation to defendant's burden of meeting an inference of negligence.”
1 later decision quote this exact passagee.g. Danner v. Atkins“It is our conclusion that in all res ipsa loquitur situations the defendant must present evidence sufficient to meet or balance the inference of negligence, and that the jurors should be instructed that, if the defendant fails to do so, they should find for the plaintiff.”
1 later decision quote this exact passagee.g. Danner v. Atkins“Procedurally, it is incumbent on defendant to rebut the inference by a showing '”
1 later decision quote this exact passagee.g. Danner v. Atkins
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.