Winch v. Warner’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The learn'ed counsel for the respondent argues that, since the jury would not be bound by opinion evidence with respect to the value of the services, it must be that the jury ate at liberty to determine the value thereof without evidence. That does not follow. The jury may be aided by opinion evidence, and -guided thereby to a certain extent, 'even though they do not accept it as given; and it is well settled in this jurisdiction that there must be evidence of the value of services, other than that showing the nature and extent thereof, in order to authorize a recovery on quantum meruit of more than a nominal amount therefor.- “The respondent relies upon Sutherland on Damages (14th Ed.) p. 680. * * * He states the general rule to be that, if the nature of the services be such that it is not to be presumed that the value thereof would be common knowledge, and therefore possessed by the jurors, there should be such proof of the value as could be made in the circumstances of the particular -case. Woodward v. Donnell (Mo.) 123 S. W. 1004 . Th'e/ authorities upon which appellant relies are all in other jurisdictions, but the rule stated there does not materially differ from ours, which is as already stated. ‘-‘It is quite clear that this ease is susceptible of better evidence than was presented. It would seem that the plaintiff, from his long experience in promoting corporate enterprises, should be able to qualify as a witness to testify with respect to the value of these service”

   1 later decision quote this exact passage
   e.g. Bilby v. Gibson