Bernard v. State’s Empirical Analysis

Citation profile

1 federal appellate · 11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Article 1, Section 2 of the Louisiana Constitution of. 1921, LSA, repeats the provision of Article 167 of the Constitution of 1913 to the effect that ‘ * * * private property shall not be taken nor damaged except for public purposes and after just and adequate compensation is paid.’ Under this fundamental protection of rights our courts have held that the right to compensation in this class of actions is distinguished from actions ex contractu or ex delicto and that the right of recovery is based upon the lawful damaging of private property for a public purpose; * * “ * * * we observe that, while it is' true that the most general and acceptable rule for establishment of damage relates to diminution of market value, it must be pointed out that under certain circumstances such a method is neither fair nor just. The alternative procedure is the establishment of the reasonable cost of restoring the damage, upon the principle that the owner shall be put in as good position pecu-niarily as if his property has not been taken; * *”

   1 later decision quote this exact passage
   e.g. 163 So. 2d 171 - Poirier v. T. L. James & Co.

2. ““Appellant further contends that the trial court erred in assessing the Department of Public Works with the costs of plaintiff’s expert witnesses, citing LSA-R.S. 13:4521 as authority for that contention. We do not interpret that section of the Revised Statutes as relieving appellant from the payment of these fees. On the contrary, we are convinced that they should he included as costs and as such must be paid by appellant, since a tender of the true value of the property appropriated was not made prior to the taking. LSA-R.S. 19:12; State, Through Department of Highways v. Barineau, 225 La. 341 , 72 So.2d 869 ; State, Through Department of Highways v. Rownd, La.App. Orleans, 119 So.2d 282 .” [ 127 So.2d 774, 780 ]”

   1 later decision quote this exact passage
   e.g. Dow v. Department of Highways

3. ““Appellant contends, however, that this is a tort action, rather than a suit for compensation for property appro-priáted by the State for public purposes. Accordingly, it is argued that the exception to the rule relating to the State’s immunity from suit * * * is not applicable here. “In our opinion this is an action for compensation for property appropriated by the State for public purposes, and for that reason, the action may be maintained against the State of Louisiana, through the Department of Public Works, without the necessity of obtaining the consent .of the Legislature.””

   1 later decision quote this exact passage
   e.g. 163 So. 2d 171 - Poirier v. T. L. James & Co.