Webb v. Dameron’s Empirical Analysis

Citation profile

30 state decisions

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

1. “. Neither may it be stated that in said connection a condemnee has met the requisites of proof sufficient to present a judicial issue where the record shows that there was room for two opinions, at the time the condemning authority determined upon the basis of one of such opinions that the land sought should be condemned. Action is not arbitrary and capricious when exercised honestly and upon due consideration, where there is room for two opinions, however much it may be believed that an erroneous conclusion was reached. Rayburn, Texas Law of Condemnation, Sec. 38(1), p. 94 et seq.,”

   2 later decisions quote this exact passage
   e.g. Wagoner v. City of Arlington · Hidden Oaks Limited v. City of Austin

2. “With respect to the foregoing issue, you are instructed that “abuse of discretion” means a decision that is arbitrary, capricious, not done according to reason or judgment, or done without fair, solid, and substantial cause. You are instructed that arbitrary and capricious action means willful and unreasoning action, action without consideration, and in disregard of the facts and circumstances that existed at the time condemnation was decided upon or within the foreseeable future.”

   1 later decision quote this exact passage
   e.g. Houston Lighting & Power Co. v. Klein Independent School District

3. ““ * =:< * [t]he word taken implies an actual physical invasion or appropriation of property * *”

   1 later decision quote this exact passage
   e.g. McFaddin v. State