39 Cal. App. 2d 96 - Scott v. Sheedy’s Empirical Analysis
1940
Citation profile
3 federal appellate · 43 state decisions
How this case has been cited
Cited by 48 later decisions — most recently April 2002 · most notably Scott v. Burke (1952), 51 Cal. 2d 210 - Laird v. T. W. Mather, Inc. (1958)
3 federal appellate · 43 state decisions
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 Smellie v. Southern Pacific Co. · Mar Shee v. Maryland Assurance Corp. · Rogers v. Interstate Transit Co. · Olsen v. Standard Oil Co. · Pabst v. Shearer
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . In other words, notwithstanding the evidence from other witnesses, ‘all possible facts both in favor of and against the alleged negligence of the plaintiff’ (Westberg v. Willde, supra) were not before the court. In this case no witness could have testified that plaintiff saw the danger. A witness might place him in a position from which an inference might be drawn that he could see or realize danger, but that would not be sufficient if a reasonable inference otherwise could be drawn. If the acts and conduct of an incapacitated party must be testified to by other witnesses, we conclude that the test given in the Westberg case and in Mar Shee v. Maryland Assur. Corp., 190 Cal. 1 [ 210 P. 269 ], is proper. In the Mar Shee case, the court (p. 9) said: ‘. . . we deduce that a fact is proved as against a party when it is established by the uncontradicted testimony of the party himself or of his witnesses, under circumstances which afford no indication that the testimony is the product of mistake or inadvertence ; and that when the fact so proved is wholly irreconcilable with the presumption sought to be invoked, the latter is dispelled and disappears from the case. ’ “Examining the testimony of plaintiff’s witnesses on the subject of whether or not plaintiff was guilty of contributory negligence, we find that all witnesses agree that defendant Hagen drove through the opening only after plaintiff had given him a hand signal. This act of hand signalling as a matter of law woul”
2 later decisions quote this exact passage
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.