Alabama Power Co. v. Ickes’s Empirical Analysis

Citation profile

329 federal appellate · 101 district · 133 state decisions

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 789 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The only pertinent inquiry, then, is, what enforceable legal right of petitioner do the alleged wrongful agreements invade or threaten? If conspiracy or fraud or malice or coercion were involved, a different case would be presented, but in their absence, plainly enough, the mere consummation of the loans and grants will not constitute an actionable wrong. Nor will the subsequent application by the municipalities of the moneys derived therefrom give rise to an actionable wrong, since such application, being lawful, will invade no legal right of petitioner. The claim that petitioner will be injured, perhaps ruined, by the competition of the municipalities brought about by the use of the moneys, therefore, presents a clear case of damnum absque injuria. Stated in other words, these municipalities have the right under state law to engage in the business in competition with petitioner, since it has been given no exclusive franchise. If its business be curtailed or destroyed by the operations of the municipalities, it will be by lawful competition from which no legal wrong results.”

   9 later decisions quote this exact passage · from the majority
   e.g. Western Public Service Co. v. City of Minatare · S.C. Elec. Gas Co. v. S.C.P.S. A.

2. ““An injury, legally speaking, consists of a wrong done to a person, or, in other words, a violation of his right. It is an ancient maxim, that a damage to one, without an injury in this sense, (damnum absque injuria), does not lay the foundation of an action; because, if the act complained of does not violate any of his legal rights, it is obvious, that he has no cause to complain.... Want of right and want of remedy are justly said to be reciprocal. Where therefore there has been a violation of a right, the person injured is entitled to an action.” The converse is equally true, that where, although there is damage, there is no violation of a right no action can be maintained.”

   4 later decisions quote this exact passage · from the majority
   e.g. Holly Sugar Corp. v. Goshen County Cooperative Beet Growers Ass'n · 812 So. 2d 912 - Tallahatchie Valley Electric Power Association v. MISS. PROPANE GAS ASSOCIATION, INC.

3. ““John Doe, let us suppose, is engaged in operating a grocery store. Richard Roe, desiring to open a rival and competing establishment, seeks a loan from a manufacturing concern which, under its charter, is without authority to make the loan. The loan, if made, will be ultra vires. The state or a stockholder of the corporation, perhaps a creditor in some circumstances, may, upon that ground, enjoin the loan. But may it be enjoined at the suit of John Doe, a stranger to the corporation, because the lawful use of the money will prove injurious to him and this result is foreseen and expected both by the lender and the borrower, Richard Roe? Certainly not, unless we are prepared to lay down the general rule that A, who will suffer damage from the lawful act of B, and who plainly will have no case against B, may nevertheless invoke judicial aid to restrain a third party, acting without authority, from furnishing means which will enable B to do what the law permits him to do. Such a rule would be opposed to sound reason, as we have already tried to show, and cannot be accepted.””

   2 later decisions quote this exact passage · from the majority
   e.g. Association of Data Processing Service Organizations, Inc. v. Camp · 812 So. 2d 912 - Tallahatchie Valley Electric Power Association v. MISS. PROPANE GAS ASSOCIATION, INC.