Paddock v. Somes’s Empirical Analysis

Citation profile

5 federal appellate · 70 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The right of one to be secure against the undermining of his buildings by water, or the destruction of his crops, or the poisoning of the air by the stealthy attacks of an unseen element, is as complete as his right to be protected against open personal assaults or the more demonstrative, but not more destructive, trespasses of animals.’ [Cooley on Torts (2 Ed.), 675.] And of course it is actionable injury and nuisance for one to collect surface water and cast them in a body upon a neighboring proprietor; and the same rule holds in this regard both to individuals and to municipal corporations; the latter though not obliged to construct sewers or drains to protect adjoining owners against the flow of surface water from public Avays, yet if they do construct drains and thus carry water and cast water upon the adjacent lands they are as much responsible as though they had invaded such lands by sending their servants thereon. [Cooley on Torts (2 Ed.), 688.]” [See, also, Reaugh v. Railroad, 218 S. W. 947 .]”

   1 later decision quote this exact passage
   e.g. 223 Mo. App. 596 - Scott v. City of Marshall

2. ““If a defendant pleads to the merits, lie waives everything in the petition but two points: First, that the petition does not state facts sufficient to state a canse of action; second, that tho court has no jurisdiction over tho subjedinatter of the action.””

   1 later decision quote this exact passage
   e.g. Sligo Furnace Co. v. Dalton