Morgan v. . King’s Empirical Analysis
1866
Citation profile
3 federal appellate · 1 district · 61 state decisions
How this case has been cited
Cited by 68 later decisions (2 by the Supreme Court) — most recently December 1998 · most notably United States v. Cress (1917), Budd v. People of State of New York (1892)
3 federal appellate · 1 district · 61 state decisions — followed in 10 states
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.
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The true rule is that the public have a right of way in every stream which is capable, in its natural state and its ordinary volume of water, of transporting, in a condition tit for market, the products of the forests or mines, or of the tillage of the soil upon its banks. » * * Nor is it essential to the easement that the capacity of the stream, as above defined, should be continuous, or, in other words, that its ordinary state, at all seasons of the year, should be such as to make It navigable. If It is ordinarily subject to periodical fluctuations in the volume and height of its water, attributable to natural canses, and recurring as regularly as the seasons, and if its periods of high water or navigable capacity ordinarily continue a sufficient length of time to make it useful as a highway, It is subject to the public easement.””
1 later decision quote this exact passage“but an outgrowth or product of the peculiar circumstances and necessities of the people with whom it originated,”
1 later decision quote this exact passage“capable of floating to market single logs or sticks of timber”
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.