Sortino v. Loneoak’s Empirical Analysis

Citation profile

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

1. ““ ‘If an instruction in a case is asked which refers to facts which there is no evidence to prove, it is not error to refuse to give it; and if given, although in fact erroneous in the abstract, it will not be regarded as an error for which the judgment will be reversed, unless it be manifest that the jury was misled by it to the prejudice of the defendant. ’ ’ ’”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Nelson v. Porterville Union High School District · 110 Cal. App. 2d 506 - Trelut v. Kazarian

2. ““It is not reversible error for the court to instruct the jury upon a principle of law, even though there may be an entire absence of evidence on that particular subject, unless it also appears that the jury was misled and prejudiced thereby. That prejudice does not appear in the present case. “It has been uniformly held that ‘An instruction, erroneous or correct, which relates to matters as to which there is no evidence will not justify a reversal unless it has misled the jury to the prejudice of the appellant.’ [Citing several authorities.] ””

   1 later decision quote this exact passage · from the concurrence
   e.g. 111 Cal. App. 2d 893 - Cannis v. Di Salvo Trucking Co.