Olcott v. The Supervisors’s Empirical Analysis
83 U.S. 678 · 1872
Citation profile
16 federal appellate · 5 district · 42 state decisions
How this case has been cited
Cited by 152 later decisions (42 by the Supreme Court) — most recently January 2016 · most notably Smyth v. Ames (1898), Munn v. Illinois (1876)
16 federal appellate · 5 district · 42 state decisions — followed in 16 states
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.
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 152 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“That railroads, though constructed by private corporations and owned by them, are public highways, has been the doctrine of nearly all the courts ever since such conveniences for passage and transportation have had any existence. Very early the question arose whether a State’s right of eminent domain could be exercised by a private corporation created for the purpose of constructing a railroad. Clearly it could not, unless taking land for such a purpose by such an agency is taking land for public use. The right of eminent domain nowhere justifies taking property for a private use. Vet it is a doctrine universally accepted that a state legislature may authorize a private corporation to take land'for,the construction of such a road, making compensation to the owner. What else does this doctrine mean if not that building a railroad, though it be built by a private corporation, is an act done for a public use ?”
2 later decisions quote this exact passage · from the majority““This was a determination of no local question, or question of statutory or constitutional construction. It was not decided that the legislature had not general legislative power, or that it might not impose or authorize the imposition of taxes for any public use. Now, whether a use is public or private is not a question of constitutional construction. It is a question of general law. It has p.j much reference to the constitution of any other state as it has to ihe state of Wisconsin. Its solution must he. sought, not in the decisions of any single state tribunal, but in general principles common to till courts. The nature of taxation, what uses are public, and what are private, and the extent of unrestricted legislative power, are matters which, like questions of commercial law, no state can conclusively determine for us. This consideration alone satisfies our minds that Whiting v. Railroad Co. furnishes no rule which should control our judgment, though the case is undoubtedly entitled to great respect.””
1 later decision quote this exact passage · from the majority“Whether the use of a railroad is a public or a private one depends in no measure upon the question who constructed it or who owns it. ... No matter who is the agent, the function performed is that of the State. Though the ownership is private the use is public. ... If there be any purpose for which taxation would seem to be legitimate it is the making and maintenance of highways. They have always been governmental affairs, and it has ever been recognized as one of the most important duties of the State to provide and care for them. . . . When, therefore, it is settled that a railroad is a highway for public uses, there can be no substantial reason why the power of the State to tax may not be exerted in its behalf.”
1 later decision quote this exact passage · from the majority
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.