Warner v. Clarke’s Empirical Analysis
1970
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently April 2004
9 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
Relies on Everhardt v. City of New Orleans · Olan Mills, Inc. of Tennessee v. City of Bogalusa · Hebert v. T. L. James & Co. · Theodos v. Bossier City · Sears, Roebuck and Company v. City of New Orleans
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In Warner v. Clarke, 232 So.2d 99, 102 (La.App. 2 Cir.), writ denied, 255 La. 918 , 233 So.2d 565 (1970) that court stated: Our courts have repeatedly held that the riparian servitudes are not subject to a broad and liberal construction, as contended by the plaintiffs, but exist "only for that which is incident to the nature and the navigable character of the stream washing the land of such proprietor." Herbert [Hebert] v. T.L. James & Company, Inc. et al., 224 La. 498 , 70 So.2d 102, 106 (1953), quoting from Carollton [Carrollton] R. Company v. Winthrop, 5 La.Ann. 36 (1850); Lake Providence Port Commission v. Bunge Corporation , [(]La. App. [2 Cir. 11/29/66) ], 193 So.2d 363 . Thus, construing the above law, riparian servitudes, being in derogation of private property rights, must be strictly construed in accordance with the law and not given a broad, liberal interpretation. Warner, 232 So.2d 99 .”
2 later decisions quote this exact passage“made it apparent that the legislature did not intend to maintain a right ... in the general public to hunt and fish upon the levees and the land that lies between the levees and the Mississippi River.”
1 later decision quote this exact passage
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.