32 La. Ann. 371 - In re Morgan R. R. & S. S. Co.’s Empirical Analysis

Citation profile

30 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The only true test of this excess of the value of the lease over the stipulated rental or price thereof, is to ascertain what sum the right of lease, leasehold, will bring over and above the rent stipulated to be paid. In the case before us the rental is sixty dollars per month. If the right of lease would sell for seventy-five dollars per month of its term, then the excess of its value over its price is fifteen dollars per month. “The right of expropriation being a legal one, its exercise does not give rise to any other than actual damages; consequently, damages are not to be considered. The law fixes these actual damages where the whole of a thing or right is taken at the fair value of that thing or right. The fact that the owner or lessee might build a store, or a factory, or warehouse on tne lot, and derive large profits from that business would not make those contemplated profits a proper element in fixing its present value. So the fact that the lessees, by keeping a coal yard on the lot, and having free access to the wharf (which they have not, by reason of the privileges accorded to this company by the city) might realize large profits from that business, would not justify us in taking the amount of these prospective and problematical profits as the value of the lease.””

   1 later decision quote this exact passage · from the majority
   e.g. 8 La. App. 181 - Texas Pacific-Missouri Pacific Terminal R. R. v. Rouprich

2. “"The rights of use, enjoyment, and disposal are said to be the three elements of property in things. They constitute the jura in re. The right of a lessee is not a real right, i.e., a jus in re. In other words, the lessee does not hold one of the elements of property in the thing. His right is a jus ad rem, a right upon the thing * * *".”

   1 later decision quote this exact passage · from the majority
   e.g. Reagan v. Murphy

3. “"First. By fixing the amount to be paid the lessees for value of their lease at fifteen dollars per month from the date of the company taking possession to the expiration of the term for which said lease may continue. * *." [Emphasis supplied]”

   1 later decision quote this exact passage · from the majority
   e.g. 182 So. 2d 786 - State, Department of Highways v. Cockerham