Walther v. Warner’s Empirical Analysis
1857
Citation profile
1 district · 23 state decisions
How this case has been cited
Cited by 24 later decisions — most recently July 2017
1 district · 23 state decisions — followed in 11 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 Bloodgood v. Mohawk & Hudson Railroad · Smith v. Helmer · State ex rel. Naylor v. Harding
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We are not to be understood, however, as denying to the Legislature the power of authorizing an entry upon private property, without compensation, for the purpose of making the preliminary examinations and surveys before the location of the road. Similar exertions of the sovereign power of the state for the promotion of the common good are matters of almost daily necessity and occurrence, and, although in all of them there is a momentary interference with the rights of the owner, it is acquiesced in without any complaint, or, indeed, any question as to the right. The entry of any officer charged with the execution of criminal process upon the land of a third person, for the purpose of making the arrest, and the entry of commissioners to view and mark out a public highway upon the land of another, for the purpose of executing the public duty imposed on them, may be mentioned as cases of this character. But in these cases there is no exercise of right of eminent domain, no permanent appropriation of the property to the exclusive use of another, within the spirit of this constitutional provision, and they are all subject to this limitation, that they are reasonably necessary to accomplish a lawful purpose, are but temporary in their character, and are accompanied with no unnecessary damage." (Emphasis added.)”
2 later decisions quote this exact passage · from the majority“as may be necessary to the selection of the most advantageous route,”
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.