Basey v. Gallagher’s Empirical Analysis

Citation profile

36 federal appellate · 13 district · 70 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 174 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But the consideration which the court will give to the questions raised by the pleadings, when tlie case is called for trial or hearing, whether it will submit them to a jury, or pass upon them without any such intervention, must depend upon the jurisdiction which is to be exercised. If the remedy sought be a legal one, a jury is essential, unless waived by the •stipulation of the parties: but, if the remedy sought be equitable, the court is not bound to call a jury, and if it does call one, it is only for the purpose of enlightening its conscience, and not to control its judgment. The decree which it must render upon the law and the facts must proceed from Us own judgment, respecting them, and not from the judgment of others.””

   2 later decisions quote this exact passage · from the majority
   e.g. Shoshone Min. Co. v. Rutter · The Western States

2. “. “ 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
   e.g. California Oregon Power Co. v. Beaver Portland Cement Co. · Howell v. Johnson

3. “'a voluntary recognition of a pre-existing right of possession, constituting a valid claim to its continued use.' " United States v. Rio Grande Dam & Irrig. Co., supra, at 705, 19 S.Ct., at 776. Congress intended "to recognize as valid the customary law with respect to the use of water which had grown up among the occupants of the public land under the peculiar necessities of their condition.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. City & County of Denver Ex Rel. Board of Water Commissioners · California v. United States