Public-domain · open source
OpenJurist
← 7 CALAPP2D 28 - Sim v. Weeks

Sim v. Weeks’s Empirical Analysis

1935

Citation profile

50
cited by 50 later decisions
6
states following
December 1978
most recently cited

3 federal appellate · 47 state decisions

How this case has been cited

Cited by 50 later decisions — most recently December 1978 · most notably Gagne v. Bertran (1954), 25 Cal. 2d 341 - People v. Wilson (1944)

3 federal appellate · 47 state decisions

17019351940195019601970decided

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 Barham v. Widing · O'Meara v. Haiden · Perkins v. Trueblood · Howland v. Oakland Consolidated Street Railway Co. · Diller v. Northern California Power Co.

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

  1. ““A charge of negligence in a choice of treatment is refuted, as a matter of law, by showing that a respectable minority of expert physicians approved the method selected. But where a physician is charged with negligence in the actual performance of a treatment, after its method was chosen over others, evidence tending to show such negligence presents a case for the jury. . . . When a result may or may not be occasioned by malpractice, an expert medical witness invades the province of the jury when permitted to go beyond stating that it could and in saying that it did occasion the result. . . . But, when a result could have been occasioned by one of two or more causes, the ultimate fact of which cause occasioned the result is for determination by the jury, ...””
    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.