Mirich v. Balsinger’s Empirical Analysis

Citation profile

60 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The determination of the competency of a witness to testify as an expert is in itself in the nature of a trial of a question of fact addressed to the judge alone, and as in other decisions on questions of fact by a trial judge, his ruling thereon, being a matter of discretion, will not be overturned on appeal save and except when there is an actual want of evidence to support it or a clear abuse of discretion in ruling upon the evidence proffered upon the subject. When there is any substantial evidence to support the ruling of the trial judge, it will be upheld. ’ ’ Finally, it is contended that the purchase order was a unilateral contract and could not be enforced as the subject matter was not in existence. This contention is without merit. The time of the performance of the contract was June or July, 1947, and it is uncontradicted that the tractors were not delivered to defendants. The evidence indicates that defendants had agreed to purchase the tractors from the War Assets Administration but that for some reason the purchase was never completed. There is no evidence in the record that the tractors did not in fact exist. The fact that the purchase order recited that it was subject to acceptance of units by buyer after arrival and inspection did not discharge defendants from the obligations of the contract.”

   1 later decision quote this exact passage
   e.g. Johnson Trade, Inc. v. Frimmersdorf

2. “to matters within the knowledge and observation of every physician and surgeon,”

   1 later decision quote this exact passage
   e.g. Estate of Gore