Simmonds v. United States’s Empirical Analysis
199 F.2d 305 · 1952
Citation profile
36 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 54 later decisions — most recently September 1980 · most notably United States v. J. Cyril Johnson and Ray T. Lindsay (1961), 59 Cal. 2d 333 - Los Angeles County Flood Control District v. McNulty (1963)
36 federal appellate · 1 district · 2 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
Applies 33 U.S.C. § 591
Relies on United States Tennessee Valley Authority v. Welch Same · Old Dominion Land Co. v. United States · United States v. Meyer · United States v. Becktold Co.
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Therefore, where the statute which is being implemented contains Congressional authority to take property by eminent domain proceedings (here the River and Harbor Act, 49 Stat. 1028 as amended), the officer authorized to act is under the duty of exercising his discretion as to the estate he elects to take. His discretion so exercised is subject to be attacked only for plain abuse or fraudulent action.””
1 later decision quote this exact passage · from the majority““Discretion as to the extent, amount or title of property to be taken by the United States has been conferred by legislation upon the Secretary of the Army; and in the absence of bad faith or abuse of that discretion his determination is final.””
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.