Moyer v. Peabody’s Empirical Analysis
212 U.S. 78 · 1909
Citation profile
102 federal appellate · 26 district · 64 state decisions
How this case has been cited
Cited by 284 later decisions (18 by the Supreme Court) — most recently October 2015 · most notably Scheuer v. Rhodes (1974), Monroe v. Pape (1961)
102 federal appellate · 26 district · 64 state decisions — followed in 17 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 Yick Wo v. Hopkins · United States v. Cruikshank · Logan v. United States · Civil Rights Cases · Henning Jacobson v. Commonwealth of Massachusetts
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 284 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hat is due process of law depends on circumstances. It varies with the subject-matter and necessities of the situation.”
5 later decisions quote this exact passage · from the majority““That means that he shall make the ordinary use of the soldiers to that end, that he may kill persons who resist and, of course, that he may use the milder measure of seizing the bodies of those whom he considers to stand in the way of restoring peace. Such arrests are not necessarily for punishment, but are by way of precaution to prevent the exercise of hostile power.””
4 later decisions quote this exact passage · from the majority“No doubt there are cases where the expert on the spot may be called upon to justify his conduct later in court, notwithstanding the fact that he had sole command at the time and acted to the best of his knowledge. That is the position of the captain of a ship. But even in that case great weight is given to his determination and the matter is to be judged on the facts as they appeared then and not merely in the light of the event.”
3 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.