Dana v. Hurst’s Empirical Analysis
1911
Citation profile
2 federal appellate · 4 district · 14 state decisions
How this case has been cited
Cited by 20 later decisions — most recently January 1990
2 federal appellate · 4 district · 14 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 The Daniel Ball · Union Bridge Company v. United States · Hardin v. Jordan · United States v. Rio Grande Dam & Irrigation Co. · Railroad Company v. Schurmeir
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The question as to when a stream once navigable ceases to be so by nonuse or by the accumulation of sand or soil is one on which we have been afforded no light. But considering the character, width and length of the river, the various acts and declarations by congress in reference thereto, and the policy shown thereby with reference to waters which more than one hundred years ago were navigable according to the needs and uses of that time, and which led into the Mississippi, we deem it justifiable to hold, and do hold, that while the stream is not now navigated in fact anywhere in Kansas it has, nevertheless, not ceased to be a highway set apart by national act and declaration for public use in the manner and at the time to be determined upon by the federal government. This being true, the title to the bed is in the state, and islands therein not surveyed or claimed by the government belong also to the state, and under the act of 1907 may be sold as school land.” (p. 964.)”
1 later decision quote this exact passage · from the majority““It is not pretended that the river is now navigated ■or navigable in fact in Kansas, and the court, as well as everybody else, knows that it is not. But does this conclude the matter?” (p. 948.)”
1 later decision quote this exact passage · from the majority““All the navigable rivers and waters in the former territories of Orleans and Louisiana shall be and forever remain public highways.””
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.