Ockerhausen v. Tyson’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendant, by filling up the flats immediately adjacent to the plaintiffs’ upland, which were the subject of their riparian rights and franchise, converted the shore of the river within the cove . . . into real estate. He thus did what only the plaintiffs could lawfully do, and -the land so made became an accession to their land, precisely as if they had made it. . . . “Each had also a certain right to reclaim the flats which adjoined his premises. It was one to be exercised with due regard to the like rights held by others. Its limits were to be determined by the simple rule, ‘Sic utere tuo ut alienum non laedas.’ [Use your own property in such a manner as not to injure that of another.] (Citations omitted) This unerring test of human conduct forbade the defendant, on the strength of his ownership of the land opposite to the mouth of the cove and the channel of the river, to fill out to that channel in such a way as to blot the whole cove out of existence. It also precluded his gaining title by reclamation to the shore immediately contiguous to the plaintiffs’ land.””

   1 later decision quote this exact passage
   e.g. Owen v. Hubbard