McGuire v. Brown’s Empirical Analysis

Citation profile

2 federal appellate · 14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But the plaintiff had the prior right to the use of the water to the extent of the appropriation made, by his predecessors, Beekman and Crawford, through the old ditch, prior to the defendant’s settlement, together with the right to maintain such ditch. Brown’s claims as a homestead settler were subordinate to those interests and his land was subject to a servitude for the support of the same. (De Necochea v. Curtis, 80 Cal. 397 , [ 20 Pac. 563 , 22 Pac. 198 ]; Wells v. Mantes, 99 Cal. 583 , [ 34 Pac. 324 ].) It would be inflicting a severe penalty for the trespass committed by Crawford on the. land of Brown and the attempt to shift the location of the ditch to hold that by that circumstance alone Crawford lost for himself and his successor, the plaintiff, all prior right to the flow of. the water itself; he certainly did not intend to abandon his interest in the water. ’ ’”

   1 later decision quote this exact passage
   e.g. Wood v. Etiwanda Water Co.