Thomas v. Guiraud’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 26 state decisions

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

1. ““We do not agree with counsel for plaintiff in error in their position, as' we understand it, that the appropriation of water by Guiraud in 1862 was not valid or permanent because he constructed no ditches. Some of the witnesses testify that he did construct ditches, but it is unnecessary for us to weigh the testimony and determine the preponderance thereof upon this question. If a dam or contrivance of any kind will suffice to turn water from the stream and moisten the land sought to be cultivated, it is sufficient, though no ditch is needed or constructed. Or if land be rendered productive by the natural overflow of the' water thereon, without the aid of any appliances whatever, the cultivation of such land by means of.the water so naturally moistening the same is a sufficient appropriation of such water, or so much thereof as is reasonably necessary for such use.- The true test of appropriation of water is the successful application thereof to the beneficial use designed; and the method of diverting or carrying the same, or making such application, is immaterial.””

   1 later decision quote this exact passage
   e.g. Cascade Town Co. v. Empire Water & Power Co.