Young v. Wheelock’s Empirical Analysis

Citation profile

84 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We think that these matters were proper subjects for expert testimony. Such matters are not within the experience of average jurors. One test of whether opinions of experts should be received `is whether the court or jury will be aided by receiving such evidence.' [22 C.J. 642, sec. 736.] `The necessity for such testimony arises where the subject matter of an inquiry is so far removed from the realm of common experience that the ordinary jury, even when the facts are fully placed before them, cannot fairly be expected to draw a correct inference therefrom, and at the same time, no person competent to draw such an inference has personal knowledge of the facts. Under such circumstances the fact that a witness possessing the necessary skill would draw a certain inference from the facts possesses such probative force as justifies its reception as some evidence that such inference is the correct one.'”

   1 later decision quote this exact passage
   e.g. Harrison v. St. Louis-San Francisco Railway Co.

2. “. . a defendant’s demurrer to the plaintiff’s evidence admits as true every fact and circumstance which plaintiff’s evidence tends to prove; that plaintiff is entitled to the benefit of every inference of fact which may reasonably be drawn therefrom; that the evidence- must be considered in the light most favorable to the plaintiff; that the defendants’ evidence must be disregarded except insofar as it may tend to aid plaintiff’s case; and that such a demurrer can be sustained only when the facts in evidence and the legitimate inferences to be drawn from such facts are so strongly against plaintiff as to leave no room for reasonable minds to differ. [Citing cases.] ””

   1 later decision quote this exact passage
   e.g. 238 Mo. App. 749 - Gaffron v. Prudential Life Insurance

3. “the court has the right in any case to determine as a matter of law whether there is any substantial evidence to sustain an issue of fact; but on determining that there is such substantial evidence, it will not go further and determine whether the weight of the evidence is in favor of or against the mooted fact. That is the province of the jury.”

   1 later decision quote this exact passage
   e.g. Hardin v. Ill. Central Railroad Co.