Brown v. Lundell’s Empirical Analysis
1961
Citation profile
9 federal appellate · 87 state decisions
How this case has been cited
Cited by 100 later decisions — most recently May 2016 · most notably Halepeska v. Callihan Interests, Inc. (1963), Maxey v. Freightliner Corp. (1982)
9 federal appellate · 87 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 Texas & Pacific Railway Co. v. Bigham · Texas Company v. W.H. Daugherty · Crane v. Tunks · Triangle Motors of Dallas v. Richmond · Schiller v. Rice
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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We further held that since the lessee was the owner of the dominant estate he had the right to use so much of the premises as was reasonably necessary to the exclusion of the lessor in order to carry out the purposes of the mineral grant, but even so that right must be reasonably exercised with due regard to the rights of the owner of the surface.” [Emphasis added.]”
2 later decisions quote this exact passage · from the majority““ ‘The grant of the oil carried with it a grant of the way, surface, soil, water, gas and the like essential to the enjoyment of the actual grant of the oil.’ Thus, says the lessee, his right of user extends to the subsurface water. We do not question that proposition but the right to use does not imply the right to damage negligently or unnecessarily.””
2 later decisions quote this exact passage · from the majority“It was necessarily incident to production operations here that the salt water be separated from the oil and that it be disposed of .... The ultimate issue was whether (the operator of the oil and gas lease) was negligent in the way and manner in which he disposed of the salt water.”
1 later decision quote this exact passage · from the majority
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.