Learned v. Castle’s Empirical Analysis

Citation profile

2 federal appellate · 52 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But the amount of damage, estimated in money, was immaterial. That finding was only as to the damage done in 1878, when there was water on the land from other sources. The findings show that the waters diverted by the canal ‘flow' upon plaintiff's land, which would not flow there if allowed to take their natural course; and that the embankments erected by "defendants ‘cause’ such artificial flowing. And to thus wrongfully cause water to flow upon another’s land which would not flow there naturally is to create a nuisance per se. It is an injury to the right, and it cannot be continued'because other persons (whether jurors or not) might have a low estimate of the damage which it causes. And especially is this so when the continuance of the wrongful act might ripen into a right in the nature of an easement or servitude. Richards v. Dower, 64 Cal. 64 , 28 Pac. 133 , and cases there cited ; Tootle v. Clifton, 22 Ohio St. 247 , 10 Am. Rep. 732 ; Casebeer v. Mowry, 55 Pa. 410 , 93 Am. Dec. 766 ; Wood on Nuisances (2d Ed.) p. 630. The right to an injunction therefore in such a case does not depend upon the extent of the damage measured by a money standard. The maxim, ‘De minimis,’ etc., does not apply. The main object of the action is to declare a nuisance, and to prevent the continuance by a mandatory injunction.””

   1 later decision quote this exact passage
   e.g. California Development Co. v. New Liverpool Salt Co.