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← 54 N.M. 5 - Turrietta v. Wyche

Turrietta v. Wyche’s Empirical Analysis

1949

Citation profile

81
cited by 81 later decisions
14
states following
June 2000
most recently cited

10 federal appellate · 71 state decisions

How this case has been cited

Cited by 81 later decisions — most recently June 2000 · most notably Overstreet v. Shoney's, Inc. (1999), Morris v. Cartwright (1953)

10 federal appellate · 71 state decisions — followed in 14 states

3401949195019601970198019902000decided

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 Chesapeake Ohio Railway Company v. Addie Kelly · Virginian Ry. Co. v. Armentrout · Olguin v. Thygesen · Chase v. Fitzgerald · Richmond Co v. Elliott

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

  1. ““No general rule can be formulated that would properly control the admission of evidence to prove a man’s future earning capacity. It must be arrived at largely from probabilities; and any evidence that would fairly indicate his present earning capacity, and the probability of its increase or decrease in the future ought to be admitted * * * It may be that such testimony is speculative * * * but no more so than any that has for its purpose the proof of future action or events. It is all problematical at best. It is not questioned that mortality tables are admissible, but possibly not one time in fifty would the life expectancy of any individual come within a year of the actual length of his life.” [Emphasis mine]”
    3 later decisions quote this exact passage
  2. ““If the circumstances which were before the jury show that by reason of the injury he has become unable to perform the labor or transact the business which he was accustomed to transact or perform prior thereto, he is entitled to recover damages therefor; and from the nature of the investigation the amount of such recovery must be left to the wise discretion of the jury. It needs no evidence to show that a plaintiff in full health and vigor, who has lost an arm or a hand by reason of the negligence of the defendant, has had his earning power greatly impaired; and in such a case a jury would not be limited to nominal damages, although there should be no evidence that he was in the receipt of wages at the time of the injury, but would be authorized to ■give substantial damages.””
    1 later decision 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.