Bewick v. Muir’s Empirical Analysis

Citation profile

2 district · 14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We think that for the purposes of the law it makes no difference whether the owners had obtained a patent or not. If this is not so, it would follow that a laborer upon a mine for which a patent had issued from the government has no lien. This is not the meaning of the law. The words ‘mining claim,’ as used in the law, have no reference to. the different stages in the acquisition of the government title. In our opinion it includes, all mines, whether the title is inchoate, as in the case of a mining claim in its strict sense, or perfect, as in the case of a fee-simple title. It may not make any difference if the title to the mine had passed under a Spanish grant.””

   1 later decision quote this exact passage
   e.g. Escott v. Crescent Coal & Nav. Co.

2. ““The decision in Williams v. S. C. M. Ass’n., 66 Cal. 193 [ 5 P. 85 ], is not in conflict with this. Although there are some expressions in the opinion in that case which seem to countenance the opposite view, we think that what was decided was merely that the adjacent land, which the defendant held under a Spanish grant, was not mineral land, or appurtenant thereto. Such land was, therefore, not a mine or a mining claim in any sense, and consequently was not liable as such. If it shall turn out that some of the land involved here was of that character, then it is not liable.””

   1 later decision quote this exact passage
   e.g. 57 Cal. App. 2d 897 - Standard Pipe & Supply Co. v. Red Rock Co.