Tuck v. Downing’s Empirical Analysis
1875
Citation profile
2 federal appellate · 43 state decisions
How this case has been cited
Cited by 48 later decisions — most recently October 2015 · most notably Southern Development Co of Nevada v. Silva (1888), American Guaranty Co. v. Sunset Realty & Planting Co. (1944)
2 federal appellate · 43 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Boston v. Nichols · Miller v. Craig · Banta v. Palmer · Walker v. Hough · Merryman v. David
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““No man, however scientific he may be, could certainly state how a mine, with the most flattering outcrop or blowout, will finally turn out. It is to be fully tested and worked by men of skill and judgment. Mines are not purchased and sold on a warranty, but on the prospect. ‘The sight’ determines the purchase. If very flattering, a party is willing to pay largely for the chance. There is no other sensible or known mode of selling this kind of property. It is, in the nature of things, utterly speculative, and every one knows the business is of the most fluctuating and hazardous character. How many mines have not sustained the hopes created by their outcrop.””
1 later decision quote this exact passage · from the majoritye.g. Richardson v. Lowe““Appellant was dealing with his own property, and had a right to ‘puff’ it in the most extravagant terms, the other party being at full liberty to exercise his own judgment about it.””
1 later decision quote this exact passage · from the majority“The parties were dealing at arm's length and on equal grounds, and their own judgments were to be their guide in coming to a conclusion.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.