Weber v. Berry’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. “"A procedural question arose in this case when the depositions of the two plaintiffs were offered in evidence. The trial judge ruled against the admissibility of the depositions and also suppressed the depositions. We shall not discuss the correctness vel non of the lower court's ruling on the motion to suppress since we shall hold the plaintiffs had not shown their right to use the depositions at the trial of this cause. The plaintiffs brought this complaint while residing in Pinellas County. Subsequently they moved to Chicago and their depositions were taken in Chicago. The attorney for the appellants argues that the court should take judicial notice that Chicago is more than 100 miles from Pinellas County, where the action was tried. The depositions were naturally taken prior to the trial of the case and there was no evidence before the court that the plaintiffs `were more than 100 miles away' at the time of the trial."”

   1 later decision quote this exact passage
   e.g. 196 So. 2d 38 - Haverley v. Clann

2. “"The recent case of Driscoll v. Morris, Fla.App. 1959, 114 So.2d 314 , by the Third District Court of Appeal held that where no evidence other than the deposition itself was offered to show deponent's inability to appear in person, it was not an abuse of discretion to exclude the deposition. The court, in its opinion, states at page 316: `Likewise, no evidence outside the deposition itself, was proffered to show that the deponent was unable to attend in person as a witness before the court, a duty we conclude that was upon the plaintiff.' We hold that there was a duty on the part of the plaintiffs to adduce testimony which they failed to do, to show their right to use the depositions in question." (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. 196 So. 2d 38 - Haverley v. Clann

3. “that the witness is at a greater distance than one hundred miles from the place of trial or hearing, or is out of the United States, unless it appears that the absence of the witness was procured by the party offering the deposition.”

   1 later decision quote this exact passage
   e.g. Fishman v. Liberty Associates, Inc.