Victor Herbert v. Shanley Company No 427 John Church Company’s Empirical Analysis
242 U.S. 591 · 1917
Citation profile
72 federal appellate · 51 district · 15 state decisions
How this case has been cited
Cited by 213 later decisions (7 by the Supreme Court) — most recently January 2016 · most notably Arnstein v. Porter (1946), TWENTIETH CENTURY MUSIC CORP. Et Al. v. AIKEN (1975)
72 federal appellate · 51 district · 15 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.
Appellate journey
reviewedHerbert v. Shanley Co. (from Second Circuit Court of Appeals)
Relationships
Relies on White-Smith Music Publishing Company v. Apollo Company · West Pub. Co. v. Edward Thompson Co. · Mayor, Etc. v. . Eden Musee American Co. · Herbert v. Shanley Co.
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 213 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If music did not pay, it would .be given up. If it pays, it pays out of the public’s pocket. Whether it pays or not, the purpose of employing it is profit, and that is enough.””
8 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.