Walker v. Distler’s Empirical Analysis

Citation profile

1 district · 25 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “, “Generally speaking, negligence in malpractice cases must be established by expert medical testimony. This is so because the causative factors are not ordinarily within the knowledge or experience of laymen composing the jury.” 78 Idaho at 47 , 296 P.2d at 457 .”

   4 later decisions quote this exact passage
   e.g. Maxwell v. Women's Clinic, P.A. · Conrad v. St. Clair

2. ““It should be remembered that, in passing upon a motion for a new trial, the appellate court applies a different rule to the consideration of an order granting a new trial from what it applies to the denial of a new trial. This difference is predicated on the grounds that, where a new trial is granted, both parties are put back in the status in which they found themselves on the original trial; and each party has his chance to present the case anew to the court and jury. Whereas, an order denying a motion for a new trial terminates the case and denies the losing party any chance of resubmitting his .case or having it again heard by the court and jury.” MacDonald v. Ogan, 61 Idaho 553, 556 , 104 P.2d 1106, 1107 ; Walker v. Distler, supra.”

   2 later decisions quote this exact passage
   e.g. Evans v. Small · Woodland v. Lyon

3. ““ * * * observes the manner of their testifying, notes their apparent candor or fairness, or the want of it; hears the argument of counsel, and, in short, is in possession of many sources of information valuable in an inquiry as to whether justice has miscarried or not, and which cannot be made to appear in the record of the case which comes to the appellate court; and, appreciating such fact, appellate courts have so frequently held, that it may be announced as settled law, that trial courts possess a discretion to be exercised wisely in the granting or refusal of new trials, and that such discretion will not be by the appellate court disturbed unless it manifestly and clearly appears to have been exercised unwisely and to have been manifestly abused. Such has been the holding of this court in many cases.””

   1 later decision quote this exact passage
   e.g. Woodland v. Lyon