Flisrand v. Madson’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under this' view of the case the plaintiff had title‘.to the edge at low-water mark on said Take. ' Neither' high nor low- W-atef mark'means the highest or lowest -point reached:by 'the -Waters’'of a. lake during' periods of extreme and continued freshets, or periods of extreme and continued drought, but does mean tire high and' low points of variation of such waters under ordinary conditions, unaffected by either extreme. Farnham on Water Rights, p. 1461; Carpenter v. Board of Commissioners, 56 Minn. 513 , 58 N. W. 295 ; Dow v. Electric Co., 69 N. H. 498, 45 Atl. 350 , 76 Am. St. Rep. 189 ; Stover v. Jack, 60 Pa. 339 , 100 Am. Dec. 566 ; McBurney v. Young, 67 Vt. 574 , 32 Atl. 492 , 29 L. R. A. 539. While the title of the riparian owner on navigable or public waters extends to ordinary low-water mark, still his title is not absolute, ..except to ordinary high-water mark, and as to the intervening .shore space between high and low water mark the title of the riparian owner is qualified or limited by and subject to the rights of the public. Sections. 192 and 289, Civil Code; Carpenter v. Board of Commissioners, supra; Stover v. Jack, supra. See note to Arnold v. Mundy, 10 Am. Dec. 388 .””

   1 later decision quote this exact passage
   e.g. Anderson v. Ray

2. ““Reliction is land added to a tract fronting upon the waters of a lake, pond, or stream, by the permanent uncovering of the land — the laying bare of the bottom by the, permanent retirement of the waters, never to return again. The temporary subsidence of the waters occasioned by thé seasons, or by periods of drought, does not constitute reliction in the sense of.an addition to the contiguous land. Reliction is said to rest in the law of nature, and is analogous to the right of the owner of a tree to its fruit. Reliction is a permanent change that takes place by gradual and imperceptible degrees. Where water periodically rises over land and then recedes, there is no reliction.””

   1 later decision quote this exact passage
   e.g. Anderson v. Ray

3. ““A meandered line is not considered a boundary line, but merely serves to. define the sinuosities of the bank of the lake, and a means of ascertaining the amount of land in the fractional tract subject to sale, and which is to be paid for by the purchaser. St. Paul Ry. Co. v. Schurmeier, 7 Wall. 272 , 19 L. ed. 74, and note page 972.””

   1 later decision quote this exact passage
   e.g. Karterud v. Karterud