Ex parte Koehler’s Empirical Analysis
30 F. 867 · 1887
Citation profile
6 federal appellate · 1 district ·
How this case has been cited
Cited by 13 later decisions (3 by the Supreme Court) — most recently December 1960
6 federal appellate · 1 district ·
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 Hall v. DeCuir · Wabash St Ry Co v. State of Illinois · Ex parte Koehler · Laird v. Mayor of De Soto
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But the interstate commerce act does not include or apply to all the instrumentalities or agencies used or engaged in interstate commerce. It does not include any water-craft unless it is used in connection with a railway, ‘under a common control, management, or arrangement, for a continuous carriage or shipment.’ * * * The mere fact that a railway wholly within a state and a vessel running between said state and another meet at a point within the railway state, and thus form a continuous line of transportation between the two states, by the one taking up the goods delivered by the other at its terminus, and carrying them thence to their destination, does not bring the carriers who so use the railway and 'steamer within the act. So long as the railway and steamer are each op^erated under a separate and distinct control, making its own rates, and only liable for the carriage and safe delivery of the goods at the end of its own route, the act does not apply to the transaction. To make these carriers subject to the act, the railway and vessel must, as therein provided, be operated or used under a ‘common control’ — a control to which each is alike subject, and by which rates are prescribed and bills of lading given for the’ carriage of goods over both routes as one. “On this apparently plain exposition of the act, the railway of the Oregon & California Company and the steamers of the Oregon Railway & Navigation Company are not ‘used under a common control, management, or arrang”
1 later decision quote this exact passage
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.