Ames v. Union Pac. Ry. Co.’s Empirical Analysis

Citation profile

6 federal appellate · 3 district · 1 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is unnecessary to decide, and we do not wish to be understood as laying-down, as an absolute rule, that in every case a failure to produce some profit to those who have invested their money in the building of a road is conclusive that the tariff is unjust and unreasonable. And yet justice demands that every one should receive ,some compensation for the use of his money or property, if it be possible without prejudice to the rights of others.”

   2 later decisions quote this exact passage · from the majority
   e.g. San Diego Land & Town Co. v. City of National City · Cotting v. Kansas City Stock-Yards Co.

2. ““It Is said by tbe appellants that tbe local rates established by tbe Nebraska statute are much higher than in the state of Iowa, and that fact shows that the Nebraska rates are reasonable. .This contention was thus met by the Circuit Court': ‘It is, however, urged by the defendants' that in the general tariffs of these companies there is an inequality, that the rates in Nebraska are higher than those in adjoining states, and that the reduction by House Roll 33 simply establishes an equality between Nebraska and the other states through which the roads run. The question is asked, Are not the people of Nebraska entitled to as cheap rates as the people of Iowa? Of course, relatively they are. That is, the roads may not discriminate against the people of any one state, but they are not necessarily bound to give absolutely the same rates to the people of all the states; .for the kind and amount of business and the cost thereof are factors which determine largely the question of rates, and these vary in the several states. The volume of business in the one state may be greater per mile, while the cost of construction and maintenance is less. Hence, to enforce the same rates in both states might result in .one in great injustice, while in the other it would only be reasonable and fair. Comparisons, therefore, between the rates of two states are of little value, unless all the elements that enter into the problem are presented. It may be true, as testified by some of the witnesses, ”

   1 later decision quote this exact passage · from the majority
   e.g. Ft. Smith Light & Traction Co. v. City of Ft. Smith

3. ““It is, however, urged by the defendants that in the general tariffs of these companies there is an inequality, that the rates in Nebraska are higher than those in adjoining states, and that the reduction by House Rule 33 simply establishes an inequality between Nebraska and the other states through which the carriers run. The question is asked: Are not the people of Nebraska entitled to as cheap rates as the people of Iowa? Of course, relatively, they are; that is, the carriers must not discriminate against the people of any one state, but not necessarily absolutely as cheap, for the kind and amount of business and the cost thereof are factors which determine largely the question of rates, and these vary in the several states. The volume of business in one state may be greater per mile, while the cost of construction 'and maintenance is less. Hence, to enforce the same rates in both states might result in one in great injustice, while in the other it would only be reasonable and fair. Comparisons, therefore, between the rates of two states are of little value, unless all the elements that enter into the problem are present. It may be true, as testified by some of the witnesses, that the existing local rates in Nebraska are 40 per cent, higher than similar rates in the state of Iowa; but it is also true that mileage' earnings in Iowa are greater than in Nebraska. In Iowa there are 230 people to' each mile of railroad, while in Nebraska there are only 190, and as a general rul”

   1 later decision quote this exact passage · from the majority
   e.g. St. Louis Southwestern Ry. Co. v. Allen