Lewis v. Baker’s Empirical Analysis

Citation profile

15 federal appellate · 1 district · 8 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An accident report may affect that business in the sense that it affords information on which the management may act. It is not, however, typical of entries made systematically or as a matter of routine to record events or occurrences, to reflect transactions with others, or to provide internal controls. The conduct of a business commonly entails the payment of tort claims incurred by the negligence of its employees. But the fact that a company makes a business out of recording its employees’ versions of their accidents does not put those statements in the class of records made “in the regular course” of the business.... If it did, then any law office in the land could follow the same course____ We would then have a real perversion of a rule designed to facilitate admission of records which experience had shown to be quite trustworthy. Any business by installing a regular system for recording and preserving its version of accidents for which it was potentially liable could qualify those reports____ The result would be [to] ... cover any system of recording events or occurrences provided it was “regular” and though it had little or nothing to do with the management of the business as such.”

   1 later decision quote this exact passage · from the majority
   e.g. 87 Md. App. 699 - Owens-Illinois v. Armstrong

2. “(b) Specific instances of conduct.-Specific instances of the conduct of a witness, for the purpose of attacking or supporting his credibility, other than conviction of crime as provided in rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfuiness, be inquired into on cross-examination of the witness (1) concerning his character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of his privilege against self-incrimination when examined with respect to matters which relate only to credibility.”

   1 later decision quote this exact passage · from the majority
   e.g. Bridwell v. State

3. “[w]hen the state of an object at a particular time is in issue, we have repeatedly upheld the relevancy of evidence of that object's condition before and after the time in question.”

   1 later decision quote this exact passage · from the majority
   e.g. National Labor Relations Board v. Local Metallic Lathers Union and Reinforcing Iron Workers of New York