Viestenz v. Arthur Township’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““2. That the above named defendants, their officers, servants, agents and employees be permanently enjoined from maintaining the highway located and situated adjacent to and along the plaintiffs’ land described as the South Half (Si/á) of Section Twenty-one (21), Township One Hundred Forty-two (142), Range Fifty-two (52), Cass County, North Dakota in such a manner so as to impound surface waters on said land; and the said defendants, their officers, servants, agents and employees are-further permanently enjoined from in any manner obstructing the natural and free flowage of surface waters over, upon and across the lands of the said plaintiffs above described and the said defendants, their officers, servants,agents, employees are further permanently enjoined from permitting surface waters flowing into and accumulating in the said ditches of said public highways so as to overflow and become impounded on the said plaintiffs’ land above described. “3. That said defendants, their officers, servants, agents and employees shall forthwith construct or alter the highway grades or ditches, or both located and situated adjacent to said plaintiffs’ lands above described so as to provide for the outlet of surface waters from the said plaintiffs’ land and so as to prevent the recurrent overflow of the said lands above described by waters flowing in or accumulating in the said highway ditches; and said defendants, their officers, servants, agents and employees are further ordered to forthwi”

   1 later decision quote this exact passage
   e.g. Viestenz v. Arthur Township

2. “Any and all highways of any kind hereafter constructed or reconstructed by the department, any board of county commissioners, any board of township supervisors, their contractors, subcontractors or agents, or by any individual firm or corporation, must be so designed as to permit the waters running into such ditches to drain in coulees, rivers, and lakes according to the surface and terrain where such highway or highways are constructed in accordance with scientific highway construction and engineering so as to avoid the waters flowing into and accumulating in the ditches to overflow adjacent and adjoining lands. In the construction of highways, as herein provided, the natural flow and drainage of surface waters may not be obstructed, but such water must be permitted to follow the natural course according to the surface and terrain of the particular terrain. (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. Ness v. Ward County Water Resource District

3. “By this law those in charge of the construction of highways in addition to making the roads fit for travel must consider the drainage affected by the construction. It is made their mandatory duty to provide drainage towards a natural water course of any water which may accumulate in the ditches along the highway. Under this law the highways involved in the instant case were constructed. The question then is whether the board of supervisors in carrying out that work complied with the provisions of this law. If they failed in that respect and obstructed the natural flow of surface waters thereby causing plaintiffs irreparable damage for which they have no adequate remedy at law, their actions, in violation of that law, may be enjoined.”

   1 later decision quote this exact passage
   e.g. Kadlec v. Greendale Township Board of Township Supervisors