Kesmarki v. Kisling’s Empirical Analysis
400 F.2d 97 · 1968
Citation profile
3 federal appellate · 1 state decisions
Relationships
Relies on Robinson v. United States · 146 Ohio St. 657 - Bush v. Harvey Transfer Co. · 127 Ohio St. 147 - Morris v. Bloomgreen · Schell v. DuBois · Dickerson v. Shepard Warner Elevator Co.
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ . . . It is a fair summary of the general rule to say that if pleadings— such as answers to interrogatories — contain allegations or admissions against interest, they may be used to impeach a party or witness in another lawsuit if they are relevant, even though neither verified or signed by the party or witness sought to be impeached, provided it be shown that such answers are correct repetition of the party’s or witness’ statements given to the lawyer or scrivener of the answers or pleadings. 31a C.J.S. Evidence § 303b, at 781-783; Fuller v. King, 204 F.2d 586, 590 (6th Cir. 1953). See also Faxon Hills Construction Co. v. United Brotherhood of Carpenters & Joiners of America, 109 Ohio App. 21, 27 , 163 N.E.2d 393 (1957), rev’d on other grounds, 168 Ohio St. 8 , 151 N.E.2d 12 (1958). In such case, however, an essential preliminary to admissibility of such writings is the establishment that the party or witness to be impeached did supply the information contained in the interrogatory answer or other pleading. Robinson v. United States, 144 F.2d 392, 405 (6th Cir. 1944). See also Ass’n of Army & Navy Stores, Inc. v. Schaengold, 44 Ohio App. 40, 43 , 184 N.E. 17 (1932). It was necessary therefore for counsel for defendant to ascertain whether Mrs. Kesmarki had provided the information from which' her attorney had made answers to the interrogatories. Mrs. Kes-marki having denied responsibility for the answers, objection was sustained to their admission into evidence.””
1 later decision quote this exact passage · from the majority
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.