180 W. Va. 78 - Moore v. Goode’s Empirical Analysis

Citation profile

2 district · 31 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To summarize the basic operation of the Dead Man’s Act, W. Va.Code, 57-3-1, a concurrence of three general conditions must be met in order to bar the witness’s testimony. First, the testimony must relate to a personal transaction with a deceased or insane person. Second, the witness must be a party to the suit or interested in its event or outcome. Third, the testimony must be against the deceased’s personal representative, heir at law, or beneficiaries or the assignee or committee of an insane person.””

   5 later decisions quote this exact passage
   e.g. State Farm Fire & Casualty v. Robin Skinner Prinz · 186 W. Va. 244 - Cale v. Napier

2. “No person offered as a witness in any civil action, suit or proceeding, shall be excluded by reason of his interest in the event of the action, suit or proceeding, or because he is a party thereto, except as follows: No party to any action, suit or proceeding, nor any person interested in the event thereof, nor any person from, through or under whom any such party or interested person derives any interest or title by assignment or otherwise, shall be examined as a witness in regard to any personal transaction or communication between such witness and a person at the time of such examination, deceased, insane or lunatic, against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such person, or the assignee or committee of such insane person or lunatic. But this prohibition shall not extend to any transaction or communication as to which any such executor, administrator, heir at law, next of kin, assign-ee, legatee, devisee, survivor or committee shall be examined on his own behalf, nor as to which the testimony of such deceased person or lunatic shall be given in evidence: Provided, however, that where an action is brought for causing the death of any person by any wrongful act, neglect or default under article seven [§ 55-7-1 et. seq.], chapter fifty-five of this Code, the person sued, or the servant, agent or employee of any firm or corporation sued, shall have the right to give evidence in any case in which he or it is sued, bu”

   1 later decision quote this exact passage
   e.g. State Farm Fire & Casualty v. Robin Skinner Prinz

3. “(1) A witness’ testimony is excluded if it relates to a personal transaction or communication with the deceased, insane or lunatic person, and (2) The witness is either a party to the suit or a person interested in its event or is a person through or under whom such party or interested person derives any interest or title by assignment, and (3) The testimony offered must be against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such [deceased] person or the assignee or committee of such insane person or lunatic.”

   1 later decision quote this exact passage
   e.g. 182 W. Va. 320 - Cross v. State Farm Mutual Automobile Insurance