Seymour v. . Fellows’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Reynolds v. Robinson, 64 N. Y. 595 , the question was subject to the •same objection. The witness had heard the testimony of two physicians, .and had heard read the evidence of another. He was then asked for his opinion. It is obvious that it must be made up, if at all, upon the weight of evidence, the comparison of testimony, and his estimate of the accuracy and reliability of the witnesses from whose narration he was to form an ■opinion. He was required to consider the evidence detailed by a group of witnesses, and eliminate what to him seemed material from the irrelevant But none of these objections exist in this case. The question directed the ¡attention of the witness to the testimony of a single witness upon a single ¡subject, and was not other, in effect, than it would have been if the counsel had recited the statement of services rendered by the party, and, on that statement, asked an opinion of their value. As was held in McCollum v. Seward, supra, ‘This was equivalent to a question, assuming that the services ■rendered were as described by the witness, what they were worth.’ ””

   1 later decision quote this exact passage
   e.g. Sands v. Sparling