Conant v. Jordan’s Empirical Analysis
1910
Citation profile
2 district · 20 state decisions
How this case has been cited
Cited by 22 later decisions — most recently August 2011
2 district · 20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Storer v. Freeman · Concord Manufacturing Co. v. Robertson · Watuppa Reservoir Co. v. City of Fall River
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The same conditions which led the people of Massachusetts to declare "free fowling and fishing” as one of their “liberties” existed here. There was the same necessity for a resort to fishing and fowling for sustenance. In both cases, the colonists were in a comparatively uninhabited and not very fertile country. It was a wilderness. They gained only a scanty subsistence from the soil. Husbandry was attended with failure of crops and depredations from savage foes.. The common law of England, which restricted the use of ponds and streams to private owners was not suited to their conditions and necessities. It is commonly said that the common law of England was brought over by the colonists and, in a general sense became their law, but it is held that they adopted only so much of it as was suitable to their new conditions and needs, consistent with the new state of society, and conformable to the general course of policy which they intended to pursue.”
1 later decision quote this exact passage“It has been judicially adopted, not in the sense that the Court extended it to this State, but that the Court found it extended by the public itself, as the expression of a public right, so acted upon and acquiesced in as to have become a settled, universal right.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.