Bailey v. Kelly’s Empirical Analysis
1915
Citation profile
3 federal appellate · 32 state decisions
How this case has been cited
Cited by 35 later decisions — most recently February 1997 · most notably Breimhorst v. Beckman (1949), Harris (Et Ux.) v. Lewistown Tr. Co. (1936)
3 federal appellate · 32 state decisions — followed in 11 states
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 Bailey v. Kelly · DeTarr v. Ferd. Heim Brewing Co. · Aaron v. Missouri & Kansas Telephone Co.
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Broadly speaking, ‘nuisance, nocumentum, or annoyance, signifies anything that worketh hurt, inconvenience or damage.’ [Blackstone’s Commentaries, ch. 13, p. 216.] But in legal phraseology the term is applied to that class of wrongs that arises ‘from the unreasonable, unwarrantable or unlawful use by a person of his own property . . . producing such material annoyance, inconvenience, discomfort or hurt, that the law will presume a consequent damage.’ [1 Wood on Nuisances, 3d ed., §.l.] Unless prejudice or damage threaten or result as a necessary consequence of the act done-there is no nuisance. ‘It is a nuisance . . . to do any act therein that in its consequences must necessarily tend to the prejudice of one’s neighbors.’ [Blackstone’s Commentaries, eh. 13, p. 218.]' ‘In order to create a nuisance from the use of property a material, substantial and appreciable injury must be occasioned to the person or property of another.’ [Joyce, Law of Nuisances, § 22.] ‘Injury and damage must concur as results of an act or thing in order to make it a nuisance.’ [1 Wood on Nuisances, 3d ed., § 5.]””
1 later decision quote this exact passage · from the majority““ "The mere letting without additional stipulations by the lessor, simply implies that he holds the title and that the lessee shall quietly enjoy the use and occupation during his tenancy; and not that the premises are or shall be in any particular condition or state of repair, or that they are suitable for the purpose for which they were let/ ” (pp. 729, 730.)”
1 later decision quote this exact passage · from the majoritye.g. Steele v. Latimer
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.