Hulen v. Wheelock’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““However, a railroad company of this State is authorized to lease its road to the corporation of another State; but the authorizing statute contains the proviso that the leasing company ‘shall remain liable as if it operated the road itself.’ [See. 9879, R. S. 1919.] The language of the proviso is all inclusive (Markey v. Railroad, 185 Mo. 348 , 84 S. W. 61 ); but as broad as it is it cannot be held to impose liability on a lessor railroad for the torts of a stranger who seizes and opérates the road against the consent of both lessor and lessee. That in effect is the situation presented by this record. It may be that the receivers of the Chicago & Alton Railroad have been paying the Louisiana & Missouri River Railroad Company the rental stipulated in the lease and thereby become sub-modo its tenants; or that they have arrived at some independent arrangement or agreement with the owner of the road, as they seem to be still in possession and operating it. But the fact of the-Railroad Company’s express or implied consent to the receivers continuing in the possession of its property, if it exists, should have been alleged and proved. On the record no liability on the part of the Railroad Company was shown. ’ ’”

   1 later decision quote this exact passage
   e.g. 226 Mo. App. 302 - Nickell v. Kansas City, St. Louis & Chicago Railroad