Bollinger v. Henry’s Empirical Analysis
1964
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently August 2003
12 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 Elder v. Delcour · Consolidated Dist. No. 4 of Jackson County v. Glandon · Eld v. Ellis · Dalton v. Willis · Dardenne Realty Co. v. Abeken
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.
“The rights of a riparian owner in the water of a stream, ... include “the right to the flow of the stream in its natural course and in its natural condition in respect of both volume and purity, except as affected by reasonable use by other proprietors, * * *,” 56 Am.Jur. Waters § 273, and a reasonable use by other proprietors includes the “limited right to use the water to irrigate his riparian lands,” 94 C.J.S. Waters § 314(1), subject to the priority of riparian owners for the supply of “natural wants” which include drinking water for family and for livestock. Kinney on Irrigation and Water Rights, 2d Ed., §§ 500-504. See also Farnham on Waters and Water Rights, § 599. What constitutes a reasonable use is a question of fact depending on the circumstances of each particular case, including, among other things, the volume of water in the stream, the seasons and climatic conditions, and the needs of other riparian proprietors. 94 C.J.S. Waters § 314(2); 56 Am.Jur. Waters § 342; Kinney on Irrigation and Water rights, 2d Ed., §§ 490 and 495; Gould on Waters 3rd Ed., § 208.”
1 later decision quote this exact passagee.g. Edmondson v. Edwards“As stated in Elder v. Delcour, [ 364 Mo. 835 , 269 S.W.2d 17 (banc 1954),] at p. 24 of 269 S.W.2d, the owner of land through which a nonnavigable stream flows is “subject to the burdens imposed by the river,” and is subject to certain limitations imposed in the public interest in the use of the water and the control of the land constituting the bed and banks of the stream. One such limitation, for example, is that such landowner cannot divert the water in a natural watercourse to the exclusion of others. Dard-enne Realty Co. v. Abeken, 232 Mo.App. 945 , 106 S.W.2d 966 [(1937)].”
1 later decision quote this exact passagee.g. Edmondson v. Edwards
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.