State v. Pinckney’s Empirical Analysis

Citation profile

11 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “By his great industry, the counsel for the defendants found and cited the case of Trapier v. Wilson ( 2 McCord, 191 ), which he urged had changed the rule[s regarding grants of tidelands]. That was a contest between John T. Wilson and Paul Trapier as to whether there was any vacant land on “ ‘North Island’ — meaning vacant highlands. The case itself states that “the question was whether the grant to Laroche (under which Mr. Trapier claimed) covered the whole of the island except the salt water marsh, or was it to be located according to the courses and distances set forth in the plat?” It was a simple question of location, the only point being whether the grant covered the upland of the whole island. It was held that the whole island was covered by the grant, and from this it is sought to draw an inference that the court held the doctrine that Trapier, as riparian proprietor, had title down to low-water mark. We cannot perceive that any such decision was involved in the case. The doctrine we are considering was not broached, and neither the common law rule nor the words “high” or “low-water” mark were referred to in the opinion. Judge Richardson, in delivering the judgment, again excepts the marshes. He says: “By the description set forth in the grant, the location is plain and unquestionable. The whole island (unless the marsh be so called) is clearly within it.” It seems that in those days, before the discovery of phosphates, salt marsh went for nothing.”

   1 later decision quote this exact passage · from the majority
   e.g. Grant v. State

2. ““We are aware that natural objects named as boundaries are entitled to much weight in questions of location, but at last the true criterion in such cases is the intention of the parties.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Hardee

3. “if the boundary be a navigable stream, that is, one in which the tide ebbs and flows, the land extends only to the water's edge, or to high water mark.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Hardee