Keogh v. Chicago & N W Ry Co’s Empirical Analysis
Citation profile
2 federal appellate · 55 district · 79 state decisions
How this case has been cited
Cited by 322 later decisions (5 by the Supreme Court) — most recently April 2025 · most notably State of Georgia v. Pennsylvania R Co (1945), Square D Co. v. Niagara Frontier Tariff Bureau, Inc. (1986)
2 federal appellate · 55 district · 79 state decisions — followed in 31 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.
Appellate journey
reviewedthe decision below (from Seventh Circuit Court of Appeals)
Relationships
Relies on Texas Pacific Railway Company v. Abilene Cotton Oil Company · United States v. Trans-Missouri Freight Ass'n · Great Northern Railway Co. v. Merchants Elevator Co. · Louisville Nashville Railroad Company v. G a Maxwell · Pennsylvania Railroad Company v. International Coal Mining Company
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 322 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Exaction of this higher legal rate may not have injured Keogh at all; for a lower rate might not have benefited him. Every competitor was entitled to be put — and we must presume would have been put — on a parity with him. And for every article competing with excelsior and tow, like, adjustment of the rate must have been made. Under these circumstances no court or jury could say that, if the rate had been lower, Keogh would have enjoyed the difference between the rates or that any other advantage would have accrued to him. The benefit might have gone to his customers, or conceivably, to the ultimate consumer.””
2 later decisions quote this exact passage · from the majority““Section 7 of the Anti-trust Act, [current version at 15 U.S.C. § 15 (1976)] gives a right of action to one who has been ‘injured in his business or property.’ Injury implies violation of a legal right. The legal rights of shipper as against carrier in respect to a rate are measured by the published tariff. Unless and until suspended or set aside, this rate is made, for all purposes, the legal rate as between carrier and shipper. The rights as defined by the tariff cannot be varied or enlarged by either contract or tort of the carrier.””
2 later decisions quote this exact passage · from the majority“instrument by which Keogh is alleged to have been damaged are rates approved by the Commission”
2 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.