United States v. Union Pac Ry Co’s Empirical Analysis

Citation profile

50 federal appellate · 14 district · 14 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 161 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is not enough that-there is a remedy at law. It must be plain and adequate, or in other words, as practical and efficient to the ends of justice and its prompt administration as the remedy in equity.””

   2 later decisions quote this exact passage · from the majority
   e.g. Tift v. Southern Ry. Co. · Macon Grocery Co. v. Atlantic C. L. R. Co.

2. ““The United States cannot, any more than a state, interfere with private rights, except for legitimate governmental purposes. They are not included within the constitutional prohibition which prevents states from passing laws impairing the obligation of contracts, but, equally with the states, they are prohibited from depriving persons or corporations of property without due process of law. They cannot legislate back to themselves, without making compensation, the lands they have given this corporation to aid in the construction of its railroad. * * That this power has a limit, no one can doubt. All agree that it cannot be used to take away property already acquired under the operation of the charter, or to deprive the corporation of the fruits actually reduced to possession of contracts lawfully made; * * We think it safe to say, that whatever rules Congress might have prescribed in the original charter for the government of the corporation in the administration of its affairs, it retained the power to establish by amendment. In so doing it cannot undo what has already been done, and it cannot unmake contracts that have already been made, but it may provide for what shall be done in the future, and may direct what preparation shall be made for the due performance of contracts already entered into. It might originally have prohibited the borrowing of money on mortgage, or it might have said that no bonded debt should be created without ample provision by sinking fund to meet ”

   1 later decision quote this exact passage · from the majority
   e.g. Phipps v. Stancliff

3. ““The sixteenth section of the judiciary act of 1789, c. 20, 1 Stat. 82 [U. S. Comp. St. 1901, p. 723], provides ‘that suits in equity shall not be sustained in any case where plain, adequate, and complete remedy can be had at law’; but this is merely declaratory of the pre-existing rule, and does not apply where the remedy is not ‘plain, adequate, and complete’; or, in other words, ‘where it is not as practical and efficient to the ends of justice and to its prompt administration as the remedy in equity.’ Where the remedy at law is of this character, the party seeking redress must pursue it. In such cases the adverse party has a constitutional right to a trial of the issues of fact by a jury. But this principle has no application to the case before us. Upon looking into the record it is clear to our minds, not only that the remedy at law would not be as effectual as the remedy in equity, but we do not see that there' is any effectual remedy at all at law. * * * The direct proceeding in equity will save time, expense, and a multiplicity of suits, and settle finally the rights of all concerned in one litigation.””

   1 later decision quote this exact passage · from the majority
   e.g. Southern Pac. R. v. United States