Kalberer v. Grassham’s Empirical Analysis
1940
Citation profile
6 federal appellate · 12 state decisions
How this case has been cited
Cited by 23 later decisions — most recently September 2011
6 federal appellate · 12 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 McKinney's Heirs v. Cen. Ky. Nat. Gas. Co. · McCombs v. Stephenson · Kentucky Diamond Mining & Developing Co. v. Kentucky Transvaal Diamond Co. · Brady v. . Smith · Rudd v. Hayden
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is a well-known fact, and known of course to the parties to the deed here involved, that the section where this deed was to operate was a limestone country, where the land is everywhere underlain with limestone, and where it crops out on practically every tract of land that is not bottom land, and where it makes its appearance in manner varying from huge cliffs, as in the case here, to small outcroppings on various parts of the land. It is on the land everywhere, either breaking through it, or lying under it at different depths. In this country it is a part of the soil, and a conveyance that reserves the limestone with the right to remove it would reserve practically everything and grant nothing” [emphasis added]. 33”
1 later decision quote this exact passage · from the majority“minerals,” means all substances in earth’s crust, sought for and removed for substance itself, and is not limited to metallic substances, but includes salt, coal, clay, stone, etc.; deed conveying coal, ores and other minerals and metals in land included conveyance of shale; admission of expert’s testimony as to meaning of”
1 later decision quote this exact passage · from the majority““The word ‘mineral’ is not a definite term and is susceptible of limitations or extensions according to the intention with which it is used and each case-must be decided on the language of the instrument, the surrounding circumstances and intention of the grantor.””
1 later decision quote this exact passage · from the majoritye.g. Kavanaugh v. Clay
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.