Walker v. New Mexico & Southern Pacific Railroad’s Empirical Analysis
165 U.S. 593 · 1897
Citation profile
76 federal appellate · 10 district · 118 state decisions
How this case has been cited
Cited by 308 later decisions (50 by the Supreme Court) — most recently December 2022 · most notably Parklane Hosiery Co. v. Shore (1979), MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al. (1996)
76 federal appellate · 10 district · 118 state decisions — followed in 25 states
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 Hoyt v. City of Hudson · Gibbs v. Williams · Spurr v. Inhabitants of Shelburne · Atchison, Topeka & Santa Fé Railroad v. Hammer
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 308 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The Seventh Amendment] requires that questions of fact in common law actions shall be settled by a jury, and that the court shall not assume directly or indirectly to take from the jury or to itself such prerogative.”
8 later decisions quote this exact passage · from the majority“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.”
2 later decisions quote this exact passage · from the majority““And the arroyos through which the water flowed after leaving the mountains were not running streams,—natural water courses,—but simply passageways for the rain which fell.” 17 S.Ct. at 423 .”
2 later decisions 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.