State of Iowa v. Chicago, B. & Q. R. Co.’s Empirical Analysis

Citation profile

9 district ·

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

1. ““The statute of Wisconsin, under which tho state recovered in ono of her own courts the judgment now and here sued on, was in the strictest sense a penal statute, imposing a penalty upon any insurance company of another state doing business in the state of Wisconsin without having deposited with the proper officer of tile state a full statement of its property and business during the previous year. * * ® The cause of action was not any private injury, but solely the offense committed against (lie state by violating her law. The prosecution was in the name of the state, and the whole penalty, when recovered, would accrue to the state. * * * The real nature of the case is not affected by the forms provided by the laws of the state for the punishment of ttie offense. It is immaterial whether, by tho law of Wisconsin, the prosecution must be by indictment or by action, or whether, under that law, a judgment there obtained for tho penalty might he enforced by execution, by scire facias, or by a new suit. In whatever form the state pursues tier right to punish the offense against tier sovereignty, every step of the proceeding tends to one end, the compelling the offender to pay a pecuniary fine by way of punishment for the offense.””

   1 later decision quote this exact passage
   e.g. United Breweries Co. v. Colby

2. ““The test whether a law is penal, In the strict and primary sense, is whether the wrong sought to bo redressed is a wrong to the public, or a wrong to the individual, according to the familiar classification of Blaekstone: ‘Wrongs are divisible into two sorts or species: Private wrongs and public wrongs. The former are an infringement or privation of the private or civil rights belonging to individuals, considered as individuals, and are thereupon frequently termed civil injuries; 'the latter are a breach and violation of public rights and duties, which affect the whole community, considered as a community.’ ””

   1 later decision quote this exact passage
   e.g. City of Montgomery v. Postal Telegraph-Cable Co.

3. ““That a case may partake something of the nature of both is as might be expected, and naturally it is not always clear which element predominates. Thus in a civil action for damages for a tort punitive damages are sometimes awarded. There is therefore present the double element of a redress of a private injury and the punishment of. a public wrong; but, inasmuch as the full recovery goes to the injured party, as he controls the whole proceeding, and the form of the action is civil, it may well be inferred that the civil element predominates, and the action be considered one of a civil nature.””

   1 later decision quote this exact passage
   e.g. Gruetter v. Cumberland Telephone & Telegraph Co.