State ex rel. Bartlett v. Weber’s Empirical Analysis

Citation profile

2 federal appellate · 8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that cities grant rights and prescribe the conditions upon which individuals and corporations may use the streets for certain purposes, but that does not militate against the view that an individual may use the rural highways for the same purposes without special authority. The power to control the streets has been delegated- by the state to the cities under which they may make, grants of public rights for public purposes; but where the power has not been delegated, and the state has prescribed no conditions limiting or regulating the use of the highway, the people are at liberty to use it for travel, transportation, and communication, subject to the condition that such use does not interfere with other lawful uses of the street nor invade the rights of the owners of abutting lands.””

   1 later decision quote this exact passage · from the majority
   e.g. Williamson v. City of Clay Center

2. “[t]he transmitting and carrying of light, heat and power over and along a highway for distribution among consumers is a public use as well as one of the proper uses of a highway.”

   1 later decision quote this exact passage · from the majority
   e.g. Ross v. Nelson

3. “was open for any proper public use which the people might choose to make of it.”

   1 later decision quote this exact passage · from the majority
   e.g. Ross v. Nelson