Elwood v. . the Western Union Telegraph Co.’s Empirical Analysis

Citation profile

14 federal appellate · 5 district · 162 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 191 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is undoubtedly the general rule that where unimpeached witnesses testify distinctly and positively to a fact, and are uncontradicted, their testimony should be credited, and have the effect of overcoming a mere presumption. Newton v. Pope, 1 Cow. 110 ; Lomer v. Meeker, 25 N. Y. 361 . But this rule is subject to many qualifications. There may be such a degree-of improbability in the statements themselves as to deprive them of credit, however positively made. The witnesses, though unimpeached, may have such an interest in the question at issue as to affect their credibility. The-general rules laid down In the books at a time when interest absolutely disqualified a witness necessarily assumed that the witnesses were disinterested. That qualification must, in the present state of the law, be added. And furthermore it is often a difficult question to decide when a witness-is, in a legal sense, uncontradicted. He may be contradicted by circumstances as well as by statements of others contrary to his own. In such cases courts and juries are not bound to refrain from exercising their judgment, and to blindly adopt the statements of the witness for the simple reason that no other witness has denied them, and that the character of the witness -is-not impeached.””

   1 later decision quote this exact passage
   e.g. United States v. Lee Huen

2. ““Tbe act was done in tbe direct course of tbe employment of tbe agent. Tbe agent was placed in the office, and in tbe control of the instruments, to use them in transmitting messages for a compensation. If tbe agent performed that duty in a negligent manner, whereby tbe plaintiff was injured, the principal is clearly liable. Transactions of tbe most important character are daily carried on by means of telegraphic communication, and the confidence which tbe public is invited to and does repose in tbe care with which tbe proprietors of these lines conduct tbe business is a source of large remuneration to such proprietors. They incur a corresponding degree of responsibility, and must be held to tbe exercise of such care and caution as it is in their power to employ, in order to avoid being made tbe instruments of deception and fraud.””

   1 later decision quote this exact passage
   e.g. Bank of Palo Alto v. Pacific Postal Tel. Cable Co.

3. ““Very clear and decisive evidence was required in this case to establish that the message which came over the defendant’s wires was not communicated in tlie natural and ordinary manner. From the necessity of the case, such evidence as there is to that effect proceeds wholly from parties having an important interest in the question. Kaeh of them, if guilty of the negligent act, would have the strongest motive to deny it, as the admission would subject him or her to severe responsibility for the consequences. This is a controlling consideration in determining whether the statements of these witnesses should be taken as conclusive.””

   1 later decision quote this exact passage
   e.g. Hauss v. Lake Erie & W. R. Co.