Boyce v. Cupper’s Empirical Analysis
1900
Citation profile
9 state decisions
How this case has been cited
Cited by 12 later decisions — most recently March 1936
9 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 Southern Pac. R.R. v. Dufour · Roath v. Driscoll · Hanson v. McCue · Wimer v. Simmons · North Powder Milling Co. v. Coughanour
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If such springs have a well-defined channel which conducts the water into a stream, an appropriation of the waters of the latter is ipso facto an application of the water of the spring to a beneficial use: Low v. Rizor, 25 Or. 551 ( 37 Pac. 82 ). When a stream is supplied by percolation, if the ownership of the water, after it reached the channel, continued in the person from whose land it imperceptibly emanated, thereby entitling him to recapture it in the stream at any point below, the right of prior appropriation would be practically denied; but, as such right is fully recognized and firmly established by the courts in the arid regions of the Pacific Coast states and territories, it follows that the right insisted upon does not exist.””
1 later decision quote this exact passage · from the majoritye.g. Brosnan v. Boggs“i ‘ The rule is general that water percolating the soil beneath the surface, the course of which is unknown, and unascertainable, belongs to the realty on which it is found.””
1 later decision quote this exact passage · from the majoritye.g. Henrici v. Paulson
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.