Johnson v. Lutz’s Empirical Analysis
1930
Citation profile
83 federal appellate · 138 state decisions
How this case has been cited
Cited by 245 later decisions — most recently June 2025 · most notably United States v. Patrick (1992), Pekelis v. Transcontinental & Western Air, Inc. (1951)
83 federal appellate · 138 state decisions — followed in 19 states
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 Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co. · Vosburgh v. Thayer
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 245 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event shall be admissible in evidence in proof of said act, transaction, occurrence or event, if the trial judge shall find that it was made in the regular course of any business, and that it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence or event or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but they shall not affect its admissibility. The term business shall include business, profession, occupation and calling of every kind.”
1 later decision quote this exact passage““In view of the history of section 374-a and the purpose for which it was enacted, it is apparent that it was never intended to apply to a situation like that in the case at bar. The memorandum in question was not made in the regular course of any business, profession, occupation or calling. The policeman who made it was not present at the time of the accident. The memorandum was''made from hearsay statements of third persons' who happened to be present at the scene of the accident when he arrived. ’ ’”
1 later decision quote this exact passage“was not intended to permit the receipt in evidence of entries based upon voluntary hearsay statements made by third parties not engaged in the business or under any duty in relation thereto.”
1 later decision quote this exact passagee.g. Bouchie v. Murray
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.