State v. Rathbone’s Empirical Analysis
1940
Citation profile
2 federal appellate · 36 state decisions
How this case has been cited
Cited by 40 later decisions (2 by the Supreme Court) — most recently January 2006 · most notably Baldwin v. Fish and Game Comm'n of Mont. (1978), Collopy v. Wildlife Commission, Department of Natural Resources (1981)
2 federal appellate · 36 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 Aldrich v. Wright · Mills v. Stewart · State ex rel. Stuewe v. Hindson · State v. Hanlon · Rea Bros. Sheep Co. v. Rudi
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There the Supreme Court of Montana laid down the rules which we borrow and adopt, that before the defendant can resort to force in protecting his property from wild animals, (1) he must have exhausted all other remedies provided by law; (2) the use of such force must be reasonably necessary and suitable to protect his property; and (3) he must use only such force and means as a reasonably prudent man would use under like circumstances.” Cotton, supra.”
2 later decisions quote this exact passage · from the majority““ ‘It is conceded that the construction to be given a right guaranteed to the individual by the Constitution must always be a reasonable one. The result of the operation of the police power is necessarily in most instances an infringment of private rights, but in the exercise of such power, property and individual rights may be injured or impaired only to the extent reasonably necessary to preserve the public welfare.’ ””
2 later decisions quote this exact passage · from the majority“of acquiring, possessing, and protecting property”
2 later decisions quote this exact passage · from the majoritye.g. Cross v. State · Christy v. Hodel
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.