Bingham v. Salene’s Empirical Analysis

Citation profile

24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We come now to consider the defenses of the defendants. Substantially, they are divisible into two parts; and, briefly, are: (1) That the defendants, being unable to read and write, signed the deed, relying upon the representations of the plaintiffs that its provisions only created' a personal license to come down to the farm of the defendants to shoot and hunt wild fowl; and (2) that at the time the deed was executed, the plaintiffs were acting as the attorneys for the defendants, and availed themselves of the confidence arising from that relation to procure their consent to grant them such privilege on the representations stated. It is sufficient to say, without going much into detail, that we do not think that either of these defenses are sustained by the evidence.””

   1 later decision quote this exact passage
   e.g. Salene v. Isherwood

2. “* * * The property in animals, ferae naturae, while they are on the soil, belongs to the owner of the soil, and he may grant a right to others to come and take them by a grant of hunting, shooting, fowling, and so forth; that right may be granted by the owner of the fee simple, and such a grant is a license of a profit a prendre.”

   1 later decision quote this exact passage
   e.g. Hanson v. Fergus Falls National Bank & Trust Co.

3. “* * * As the owners of the lands which included such lakes, sloughs, and waters thereon, the property of animals ferae naturae, while on the lands or such waters, belonged to the defendants.”

   1 later decision quote this exact passage
   e.g. Hanson v. Fergus Falls National Bank & Trust Co.