Public-domain · open source
OpenJurist
← 166 Or. 17 - Darling v. Christensen

Darling v. Christensen’s Empirical Analysis

1940

Citation profile

6
cited by 6 later decisions
1
states following
August 2019
most recently cited

6 state decisions

How this case has been cited

Cited by 6 later decisions — most recently August 2019

6 state decisions

2019401950196019701980199020002010decided

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 United States v. Utah · Keller v. Hawk · Branch v. Lambert · Ausplund v. &198tna Indemnity Co. · Davis v. Davis

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

  1. “* * * `It thus appearing from the preceding sections that at common law the riparian owner has a right of access to the stream which cannot be destroyed even for the improvement of navigation without making compensation to the owner, the right should be much more fully protected in this country, where the constitutions prevent the taking of private property for public use without making compensation. * * * The riparian owner holds this right by as sacred a tenure as he holds the land from which it emanates. * * * This principle prohibits any interference with the individual's right of access. Wharves or piers cannot be erected in such a way as to interfere with it, nor buildings, nor permanent floating structures, nor a tramway. Nor can vessels be moored in such a way as [to cut off the access of the riparian owner] unreasonably to interfere with the access. Nor can logs be boomed in such a way as to cut off the access of the riparian owner. * * *' Vol. I, Farnham, Water and Water Rights, 1904 Ed., § 66, pp. 297 et seq.”
    1 later decision quote this exact passage
  2. “. -“Every action, suit or proceeding which may be commenced for the purpose of determining the validity of a sale of lands for taxes, or to quiet the title against such sale or to remove the cloud thereof, or to recover the possession of land so sold, or for which certificates of delinquency have been issued, shall be commenced within two years from the date of the sale for taxes by the sheriff, and not other-Avise”. (Ch. 470, id., § 6)”
    1 later decision quote this exact passage
  3. “that such littoral rights to access to the lake by going upon and over the shore in front of the termini of said streets is in the public.”
    1 later decision quote this exact passage

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.