Atchison v. Peterson’s Empirical Analysis

Citation profile

21 federal appellate · 14 district · 61 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 141 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But whether, upon a petition or hill asserting that his prior rights have been thus invaded, a court of equity will interfere to restrain the acts of the party complained of, will depend upon the character and extent of the injury alleged, whether it he irremediable in its nature, whether an action at law would afford adequate remedy, whether the parties are able to respond for the damages resulting from the injury, and other considerations which ordinarily govern a court of equity in the exercise of its preventive process of injunction.””

   4 later decisions quote this exact passage · from the majority
   e.g. Sussex Land & Live Stock Co. v. Midwest Refining Co. · United States v. Gila Valley Irrigation District

2. “Every proprietor of lands on the banks of a river has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run (currere solebat), without diminution or alteration. 1N0 proprietor has a right to use the water to the prejudice of other proprie- 1ors above or l)elow Mm, unless he has a prior right to divert it, or.a'title to some exclusive enjoyment lie has no proi>urty in the water itself, but a simple usufruct while it passes along. “Aqua currit et debet currere ut cur-rere solebat.” Though he may use the water |while it runs over his land as an incident to the land, he cannot unreasonably detain it or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of the water which would otherwise descend to the projnietors below, nor throw the water back upon the proprietors above without a grant or an uninterrupted enjoyment of twenty years, which is evidence of it. This is the clear and settled doctrine on the subject, and all the difficulty which arises consists in the application. 3 Kent’s Commentaries, 439, side paging.”

   2 later decisions quote this exact passage · from the majority
   e.g. Mohl v. Lamar Canal Co. · Brown v. Chicago, B. & Q. R.

3. “. “ That whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes aforesaid is hereby acknowledged and confirmed: . . .””

   2 later decisions quote this exact passage · from the majority
   e.g. California Oregon Power Co. v. Beaver Portland Cement Co. · State v. Southwestern Colorado Water Conservation District