Bragg v. Weaver’s Empirical Analysis
251 U.S. 57 · 1919
Citation profile
90 federal appellate · 47 district · 152 state decisions
How this case has been cited
Cited by 477 later decisions (41 by the Supreme Court) — most recently June 2019 · most notably Phillips v. Commissioner (1931), Phillips v. Commissioner (1931)
90 federal appellate · 47 district · 152 state decisions — followed in 29 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 Capital Traction Co. v. Hof · Boom Company v. Patterson · Crozier v. Fried. Krupp Aktiengesellschaft · Backus v. Fort St Union Depot 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 477 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where the intended use is public, the necessity and expediency of the taking may be determined by such agency and in such mode as the state may designate. They are legislative questions, no matter who may be charged with their decision, and a hearing thereon is not essential to due process in the sense of the Fourteenth Amendment.”
15 later decisions quote this exact passage · from the majority““Where the intended use is public, the necessity and expediency of the taking may be determined by such agency and in such mode as the state may designate. They are legislative questions, no matter who may be charged with their decision, and a hearing thereon is not essential to due process in the sense of the Fourteenth Amendment. [Citations omitted] “But it is essential to due process that the mode of determining the compensation be such as to afford the owner an opportunity to be heard. Among several admissible modes. is that of causing the amount to be assessed by viewers, subject to an appeal to a court, carrying with it a right to have the matter determined upon a full trial. [Citations omitted] And where this mode is adopted due process does not require that a hearing before the viewers be afforded, but is satisfied by the full hearing that may be obtained by exercising the right to appeal. [Citations omitted] * * * * * * “ * * * [I]t is settled by the decisions of this court that where adequate provision is made for the certain payment of the compensation without unreasonable delay, the taking does not contravene due process of law in the sense of the Fourteenth Amendment merely because it precedes the ascer tainment of what compensation is just. [Citations omitted]””
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.