Davis v. Gale’s Empirical Analysis
1867
Citation profile
2 federal appellate · 34 state decisions
How this case has been cited
Cited by 39 later decisions — most recently December 2015 · most notably City of Pasadena v. City of Alhambra (1949), 26 Cal. 3d 301 - People v. Shirokow (1980)
2 federal appellate · 34 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 Yankee Jim's Union Water Co. v. Crary · Maeris v. Bicknell · McKinney v. Smith
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The findings show that from the year 1861 until 1807, inclusive, Logan irrigated from ten to thirty-five acres of land. During the years 186S, 1800, and 1870 he made no use of the waters, and in 1871 and 1872 he irrigated but five acres. During these five years plaintiff and his predecessors in interest used the waters of the creek under their appropriations adversely to Logan. They therefore acquired the right to so much of the waters appropriated by Logan as he failed to use during the period limited by the statute of limitations.””
1 later decision quote this exact passage · from the majoritye.g. Hewitt v. Story““The right of the first appropriator may be lost in whole, or in some limited portions, by the adverse possession of another; and when such person has had the continued, uninterrupted, and adverse enjoyment of the water course, or of some certain portion of it, during the period limited by the statute of limitations for entry upon lands, the law will presume a grant of the right so held and enjoyed by him.””
1 later decision quote this exact passage · from the majoritye.g. Hewitt v. Story““A party acquires a right to a given quantity of water by appropriation and use, and he loses that right by nonuse or abandonment. Ax>propriation, use, and nonuse are the tests of his right.””
1 later decision quote this exact passage · from the majoritye.g. Hewitt v. Story
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.