Applegate v. Johnson’s Empirical Analysis

Citation profile

3 federal appellate · 5 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * It was held in that case (L. & N. v. McCoy) that, if party is a competent witness, his deposition may he used, even though he be present and testify at the trial. * * *. “An examination of the appellee’s deposition and his testimony given at the trial shows material differences in respect to the distance from a curve to the point of accident, the distance an approaching or oncoming car had passed him before he was struck by Mr. Apple-gate’s car, and the distance Mr. Applegate’s car continued down the road after striking him before stopping. * # *. “While it is conceivable that refusal of the court to permit a party’s deposition taken as if on cross-examination to be read to the jury, notwithstanding the fact that he testified before it, would not constitute reversible error, it must not be overlooked that the rule laid down in the McCoy Case, supra, makes no such distinction. But the case before us presents no such question because we think it is quite clear from what has been said that there were material differences in the testimony given by the appellee in his deposition and that given at the trial; and, therefore, it was reversible error for the trial court to refuse to permit the deposition to be read to the jury.””

   1 later decision quote this exact passage · from the majority
   e.g. Wilson v. Gregory