Gable v. Deal’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ The failure to construct the drain was not due to any fault of the plaintiffs or their predecessors. The defendants, the petitioners, are therefore liable for the costs. Among the items included in the judgment are $173.50 for the services of the surveyor rendered under the first petition, and $163.50 to Mr. Baker, the then drain commissioner, for services rendered under the same petition. The theory under which these items were allowed appears to be that, although rendered upon the first application, they were used upon the second application, and these defendants received the benefit, or, as Mr. Baker in his testimony, said: “ ‘ All these services would have had to be rendered after June 30th, if they had not been rendered before. We simply used the knowledge acquired before.’ “The result is, if the judgment be sustained, that the expense of the first and abandoned proceedings, which should have been shared among the 80, is now imposed upon 23, 7 of whom were not petitioners to the first proceedings. Drain proceedings are statutory, and the requirements of the statute must be followed. The commissioners could no more pay for the knowledge obtained by a former abandoned proceeding than they could pay for knowledge obtained from any other source. If the drain commissioners in the first proceedings were not responsible for the defect, and acted in good faith, the petitioners in that case alone must pay for the expense incurred.””

   1 later decision quote this exact passage
   e.g. Gable v. Deal

2. ““ The other objections raised have had due consideration, and we find that they are not well taken.””

   1 later decision quote this exact passage
   e.g. Gable v. Deal