Mattson v. Astoria’s Empirical Analysis
1901
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently March 2001
23 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 Reining v. . City of Buffalo, Etc. · Robinson v. . Chamberlain · Hover v. Barkhoof · Flanders v. Town of Merrimack · McClain v. Williams
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘ ‘ The constitutional provision guaranteeing to every person a remedy by due course of law for injury done him in person or property is found in the constitution of many of the states, and means, as said by the Supreme Court of Missouri, ‘that for such wrongs as are recognized by the law of the land the courts shall be open and afford a remedy’ (Landis v. Campbell, 79 Mo. 433, 439 ( 49 Am. Rep. 239 ); or, as interpreted by the Supreme Court of Wisconsin, ‘that laws shall be enacted giving a certain remedy for all injuries or wrongs’ (Flanders v. Town of Merrimack, 48 Wis. 567, 575 ( 4 N. W. 741 ). It was intended to preserve the common-law right of action for injury to person or property, and while the legislature may change the remedy or the form of procedure, attach conditions precedent to its exercise, and perhaps abolish old and substitute new remedies (McClain v. Williams, 10 S. D. 332 ( 73 N. W. 72 , 43 L. R. A. 287); Reining v. City of Buffalo, 102 N. Y. 308 ( 6 N. E. 792 ), it cannot deny a remedy entirely. It is immaterial, therefore, whether a municipal corporation is technically liable at common law for negligence in not keeping its streets in repair, because, as said by Mr. Justice Eajjl in Fitzpatrick v. Slocum, 89 N. Y. 358 , ‘there must be a remedy in such a case, where oné is injured, without any fault of his own, by a defect in one of the streets or bridges of the city,—either against the city or some one of its officers.’ And the charter of Astoria attempts”
2 later decisions quote this exact passage · from the majority
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.