Lewis Blue Point Oyster Cultivation Co. v. Briggs’s Empirical Analysis
229 U.S. 82 · 1913
Citation profile
44 federal appellate · 12 district · 40 state decisions
How this case has been cited
Cited by 183 later decisions (45 by the Supreme Court) — most recently May 2017 · most notably Kaiser Aetna v. United States (1979), James v. Dravo Contracting Co. (1937)
44 federal appellate · 12 district · 40 state decisions — followed in 15 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 Monongahela Navigation Co. v. United States · Philadelphia Co. v. Stimson · United States v. Chandler-Dunbar Water Power Co. · United States v. Arthur Lynah · Union Bridge Company v. United States
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 183 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"By necessary implication from the dominant right of navigation, title to such submerged lands is acquired and held subject to the power of Congress to deepen the water over such lands, or to use them for any structure which the interest of navigation, in its judgment, may require. The plaintiff in error has, therefore, no such private property right which, when taken, or incidentally destroyed by the dredging of a deep water channel across it, entitles him to demand compensation as a condition." 229 U.S. at 88 , 33 S.Ct. at 680 .”
5 later decisions quote this exact passage · from the majority“If the public right of navigation is the dominant right, and if, as must be the case, the title of the owner of the bed of navigable waters holds subject absolutely to the public right of navigation this dominant right must include the right to use the bed of the water for every purpose which is in aid of navigation. This right to control, improve, and regulate the navigation of such waters is one of the greatest of the powers delegated to the United States by the power to regulate commerce. * * *”
3 later decisions quote this exact passage · from the majority“it does not lie in the power of . . . the United States to say that such lock and dam are an obstruction, and wrongfully there, or that the right to compensation for the use of this improvement by the public does not belong to its owner, the navigation company.”
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.