Niederhaus v. Jackson’s Empirical Analysis
1922
Citation profile
7 federal appellate · 10 state decisions
How this case has been cited
Cited by 17 later decisions — most recently November 1965
7 federal appellate · 10 state decisions
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 Hartford Fire Insurance Company v. Chicago Milwaukee St Paul Railway Company · Missouri Pacific Railway Co. v. Nebraska · Checkley v. Illinois Central Railroad · Missouri, Kansas & Texas Railway Co. v. W. T. Carter & Brother · Missouri Pac Ry Co v. State of Nebraska Board of Transportation
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.
““As it cannot be compelled to lease any part of its real estate to a private individual, and as it cannot be compelled to permit private persons to erect and maintain buildings thereon, it acts in its private capacity and not as a common carrier when it voluntarily enters into a contract leasing its real estate to a private individual, and in so doing it may impose any conditions that it desires, and that the lessee is willing to accept, as a consideration for the voluntary leasing of its premises. In the instant case the money consideration for the lease was inconsiderable. The principal consideration expressed therein was the stipulation for exempting appellee from liability for damages occasioned by fire, and in this stipulation the public had no interest; that such a provision in a lease between a railroad company and another is a valid provision has been many times decided. . . . The lease is valid in its provisions for release of damages to property both on the company’s lands and on the lands adjacent thereto. . . . “We reach the conclusion that the provision releasing appellee from liability for damages from fire in the contract leasing a portion of appellee’s right-of-way to appellant is not void as against public policy, and that it does not contravene the above statutes making railroad companies liable for damages resulting from fire. Having so concluded we hold that the demurrer to the second paragraph of answer was properly overruled.””
1 later decision quote this exact passage“. . . “But while such companies may not, as common carriers, enter into contracts concerning duties which they owe to the general public, they may, as private carriers or bailees for hire, enter into special engagements as matters of accommodation concerning matters in which the public has no interest, but which concern only the contracting parties.” (our emphasis)”
1 later decision quote this exact passage
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.