Brainard v. Clapp’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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

1. ““an appropriation of the land to all the uses of the land for the road, necessary and incidental; ⅜ ⅜ * that the right and power of the company to use the lands within their limits may not only be exercised originally, when their road is first laid out, but continues to exist afterwards. And if, after they have commenced operations, it is found necessary,” etc., “to make further use of the lands, for purposes incident to the safe and beneficial occupation of the road, by,” etc., “they have the right to do so to the same extent as when the railroad was originally laid out and constructed. All the reasons of necessity, propriety, and fitness which apply to the one case are equally applicable to the other.””

   1 later decision quote this exact passage
   e.g. Western Union Telegraph Co. v. Polhemus

2. ““The case of railroads may be regarded as standing on somewhat stronger grounds in this respect for several reasons: Because railroads are extremely costly, and proprietors cannot in the outset make and complete all the works which they contemplate and intend to make; because these works are com paratively now, and improvements aro constantly making ⅛ the structure and management of the works,-and thus companies may profit by their own experience and that of others; and because an increase in the business oí tarrying passengers and freight may call for new works after the roads have gone into operation, and these are new exigencies calling for a new use of the rand assigned to them.””

   1 later decision quote this exact passage
   e.g. Western Union Telegraph Co. v. Polhemus

3. ““Where land is thus taken and paid tor, for public use, the public, or those corporations who act as agents and trustees for the public, have a right to make all the use of the land which the necessity and convenience of the public may require, and that the' landowner receives in damages a compensation, which in theory of law is all the indemnity for all such uses.””

   1 later decision quote this exact passage
   e.g. Western Union Telegraph Co. v. Polhemus