Peck v. Bailey’s Empirical Analysis

Citation profile

2 district · 19 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While the King owned this Ahupuaa, he had a right to apply the water to what land he pleased, but after the water courses were made, more especially after being in use from time immemorial, his conveyance of the land would include them, the same as his conveyance of land bordering on the Wailuku river will include the rights of water in said river, which had not been before granted.””

   1 later decision quote this exact passage
   e.g. McBRYDE SUGAR COMPANY, LIMITED v. Robinson

2. “The Court is of opinion, however, that the defendant had the right to use the water of his kalo [taro] land on other lands, if in the transfer or passage of water over his own land no injury was done to others. He is limited to the same quantity of water to which he was entitled on his kalo land by immemorial usage.”

   1 later decision quote this exact passage
   e.g. McBRYDE SUGAR COMPANY, LIMITED v. Robinson

3. “[When a grantor] has conveyed portions [of an] ahupuaa to several persons .. . [e]ach grantee will hold all that has been conveyed to him, unless it should conflict with a previous conveyance. This includes the [artificial] water on their lands and all the water which the lands had enjoyed from time immemorial.”

   1 later decision quote this exact passage
   e.g. Reppun v. Board of Water Supply