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← 145 W. Va. 797 - Overton v. Fields

145 W. Va. 797 - Overton v. Fields’s Empirical Analysis

1960

Citation profile

133
cited by 133 later decisions
1
states following
June 2015
most recently cited

3 federal appellate · 130 state decisions

How this case has been cited

Cited by 133 later decisions — most recently June 2015 · most notably 147 W. Va. 825 - Walker v. Monongahela Power Company (1963), 182 W. Va. 597 - Board of Education v. Zando, Martin & Milstead, Inc. (1990)

3 federal appellate · 130 state decisions

560196019701980199020002010decided

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 De Moss v. United States · 128 W. Va. 299 - Yuncke v. Welker · 138 W. Va. 613 - Wilson v. Edwards · Norwood v. Kirkpatrick · 137 W. Va. 694 - Cato v. Silling

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

  1. “Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion has been abused.”
    9 later decisions quote this exact passage
  2. “[wjhen the opinion of a witness, not an expert, is offered in evidence, and he is no better qualified than the jurors to form an opinion with reference to the facts in evidence and the deductions to be properly drawn from such facts, his opinion evidence is not admissible.”
    2 later decisions quote this exact passage
  3. “When the evidence is conflicting, or when the facts, though undisputed, are such that reasonable men may draw different conclusions from them, the questions of negligence and contributory negligence are for jury determination.”
    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.