Vanderhurst v. Tholcke’s Empirical Analysis
1896
Citation profile
2 federal appellate · 31 state decisions
How this case has been cited
Cited by 33 later decisions — most recently March 1974 · most notably Odd Fellows' Cemetery Ass'n v. City & County of San Francisco (1903), Wadsworth v. Town of Middletown (1920)
2 federal appellate · 31 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 North Chicago City Railway Co. v. Town of Lake View · Chase v. City of Oshkosh · Marini v. Graham · Ex parte Taylor · Roanoke Gas Co. v. City of Roanoke
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There can be no question that the city authorities can, and it is their duty to, cause the removal of anything constituting an obstruction to the streets and sidewalks (the latter being a part of the street) and abate it as a nuisance, since everything which is an obstruction to the free use of a public street constitutes a public nuisance. . . . This power, indeed, is not questioned, but it is contended that the determination of the city authorities in the premises is not conclusive, but is open to review by the courts, and that it was competent for the court to take evidence upon the question as to whether or no the trees in question constituted an obstruction to the free use of the streets, and hence a nuisance. But the rule would seem to be that in an instance where the thing may or may not in its' nature or circumstances constitute an obstruction, the determination of the city authorities, in the absence of fraud or oppression, or circumstances disclosing a manifest abuse of their discretion, is conclusive, and not open to question by the courts.” (Page 150.)”
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.