Doane v. Glenn’s Empirical Analysis

Citation profile

4 federal appellate · 12 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. “None of the objections to the reading of the deposition go to the testimony ■of the witness. All of them relate to defects and irregularities which might have been obviated by retaking the deposition. It does not appear that any notice beforehand was given to the counsel of the plaintiffs that they would he made. In such eases the objection must be noted when the deposition is taken, or be presented by a motion to suppress before the trial is begun. The party taking the deposition is entitled to have the question of its admissibility settled in advance. Good faith and due diligence are required on both .sides. When such objections, under the circumstances of this case, are withheld until the trial is in progress, they must be regarded as waived, and the •deposition should be admitted in evidence. This is demanded by the interests of .justice. It is necessary to prevent surprise and the sacrifice of substantial rights. It subjects the other party to no hardship. All that is exacted of him is proper frankness.”

   1 later decision quote this exact passage · from the majority
   e.g. Breese v. Tampax Sales Corp.