Holmes v. O. & C. Ry. Co.’s Empirical Analysis
5 F. 75 · 1880
Citation profile
5 federal appellate · 14 district · 4 state decisions
How this case has been cited
Cited by 35 later decisions (4 by the Supreme Court) — most recently November 2001 · most notably Moragne v. States Marine Lines, Inc. (1970), The Harrisburg (1886)
5 federal appellate · 14 district · 4 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 Railway Company v. Whitton's Administrator · Ex parte McNiel · Railroad Company v. Gladmon · Insurance Company v. Brame · Peyroux v. Howard
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In all cases where a general right is thus conferred, it can be enforced in any federal court within the state haring jurisdiction of the parties. It cannot be withdrawn from the cognizance of such federal court by any provision of state legislation that it shall only be enforced in a state court. The statutes of nearly every state provide for the institution of numerous suits, such as for partition, foreclosure, and the recovery of real property, in. particular courts, and in the counties where the land is situated; yet it never has been pretended that limitations of this character could affect, in any respect, the jurisdiction of federal courts over such suits when the citizenship of one of the parties Avas otherwise sufficient. "Whenever a general rule as to property or personal rights for injuries to either is established by state legislation, its enforcement by a federal court'in a case between proper parties is a matter of course, and the jurisdiction of the court in such case is not subject to state limitation.””
1 later decision quote this exact passage · from the majoritye.g. Bigelow v. Nickerson““The tort which caused the death of Perkins, having occurred on a navigable water of the United States, is a marine one; and, even if the maritime law does not give a remedy for the wrong, the law of the state, [of Oregon,] having given the right to the administrator to recover damages therefor, this court, as a court of admiralty, has jurisdiction of a suit to enforce such a right.””
1 later decision quote this exact passage · from the majoritye.g. The Manhasset“v. hich is not governed by the rules of the common laAV,”
1 later decision quote this exact passagee.g. The Harrisburg
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.