Lanning v. Osborne’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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To tlie Honorable Board of Supervisors of tlie County of San Diego: Tlie present consumers of water for irrigation from tlie system of the San Diego Land and Town Company, who live outside of the city of National City, hereby allege and claim that each of them, respectively, has by purchase or otherwise become the owner of a right to the flow and use of so much of the water appropriated by said company for sale, rental, and distribution as is necessary to irrigate his or her respective tract of land under said company’s system; that to each of said tracts of land the said company or its predecessor in title did, by its consent and voluntary act, annex the easement of the right to the flow and use of water from said system for irrigation of .such tract in freehold; that each such consumer has fully paid or otherwise satisfied said company and its predecessor for the full price and value of such water right; and that none of said consumers, nor any of the lands of such consumers, are liable to pay to said company any water rate other than their due proportion of the annual reasonable expenses of such company, to cover the cost of repairs, management, and operation of the works used and useful to the appropriation and furnishing' of such water to such land. And each and all said consumers protest against the fixing of any' rates, as to them, to provide or create net annual receipts and profits upon the value of said company’s water system so used, and useful for the appropriati”

   1 later decision quote this exact passage · from the majority
   e.g. San Diego Land & Town Co. v. Jasper

2. ““It does not change the essence of the thing for which the complainant demands a sum of money to call it a ‘water right,’ or to say, as it does, that the charge is imposed for the purpose of reimbursing complainant in part for the outlay to which it has been subjected. It is demanding a sum of money for doing what the Constitution and laws of California authorized it to appropriate water within its limits, conferred upon it the great power of eminent domain, and the franchise to distribute and sell the water so appropriated, not only to those needing it for purposes of irrigation, but also to the cities and towns, and their inhabitants, within its flow, for which it was given the right to charge rates to bo established by law, and nothing else. No authority can anywhere be found for any charge for the so-called water right. The state permitted the water in question to be appropriated for distribution and sale for purposes of irrigation, and for domestic and other beneficial uses; conferring upon the appropriator the great powers mentioned, and compensating it for its outlay by the fixed annual rates. The complainant was not obliged to avail itself of the offer of the state, but, choosing, as it did, to accept the benefits conferred by the Constitution and laws of California, it accepted them, charged with the corresponding burden. Appropriating, as it did, the water in question for distribution and sale, it thereupon became, according to the express declaration of the Constit”

   1 later decision quote this exact passage · from the majority
   e.g. Boise City Irr. & Land Co. v. Clark

3. ““By the terms of this act of the legislature, tlie boards of supervisors of the several counties are given power, miel it is made tlieir duty, in the manner prescribed in the act, to iix (lie maximum rates at which any person, company, or corporation may sell, rent, or distribute water appropriated for the purpose. The circumstance's and conditions under which sncli board is authorized and required to do that thing are prescribed by sections 3, 4, 5, and G of the act. The action of the board can only lie invoked in the first instance by a petition in writing of not less than 25 of the inhabitants who are taxpayers of the county. It may he that the number thus fixed by the statute is too large: that in some cases it may be difficult, in others impossible, to obtain 25 inhabitants, who are taxpayers of. the county, to .loin in the petition asking the board to establish maximum rates. If so, it is a matter for .the consideration of the legislature, with which the constitution has left it. By the statute, as enacted, when such a petition, so signed, has been presented, the board, upon giving the notice required, is empowered to examine witnesses; to send for persons, books, and accounts; to ascertain the value of the water system, and the reasonable expenses of its management and operation, including the cost of repairs, together with all other facts, circumstances, and conditions pertinent to the question; and, after such investigation and consideration, to fix and establish the”

   1 later decision quote this exact passage · from the majority
   e.g. Lanning v. Osborne