Kress v. Hammond’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘ ‘ ‘ When private property is taken for the use or benefit of the public, the necessity for using such property, and the just compensation to be made therefor, except when to be made by the State, shall be ascertained by a jury of twelve freeholders residing in the vicinity of such property, or by not less than three commissioners appointed by a court of record, as shall be prescribed by law.’ ,”

   2 later decisions quote this exact passage
   e.g. Serrell v. Patterson · Wixom v. Bixby

2. ““There is no provision of the statute as to what the proceedings shall be upon a disagreement of the jury, but from the provisions of section 12, above quoted, we are satisfied that it was the intent of the legislature that, upon a disagreement of the commissioners or jury, proceedings might at once be had upon the application of the drain commissioner and parties interested in lands to be affected for the impaneling and striking of a new, jury.””

   1 later decision quote this exact passage
   e.g. Parker v. Lincoln

3. ““In case the special commissioners or jury shall decide such drain to be unnecessary, they shall so state in their return, and the drain commissioner shall thereupon dismiss the proceedings at the cost of the applicants, and no further application for the same object shall be entertained within one year thereafter.””

   1 later decision quote this exact passage
   e.g. Parker v. Lincoln