Chicago Burlington and Quincy Railroad Company v. Iowa’s Empirical Analysis

Citation profile

12 federal appellate · 6 district · 75 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 201 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Tbis company, in the transaction of its business, has the same rights, and is subject to the same control, as private individuals under the same circumstances. It must carry when called upon to do so, and can charge only a reasonable sum for the carriage. In the absence of any legislative regulation upon the subject, the courts must decide for it, as they do for private persons, when controversies arise, what is reasonable. But when the Legislature steps in and prescribes a maximum of charge, it operates upon this corporation the same as it does upon individuals engaged in a similar business. It was within the power of the company to call upon the Legislature to fix permanently this limit, and make it a part of the charter; and, if it was refused, to abstain from building the road and establishing the contemplated business. If that has been done, the charter might have presented a contract against future legislative interference. But it was not, and the company invested its capital, relying upon the good faith of the people and the wisdom and impartiality of the legislators for protection against wrong under the form of legislative regulation.””

   2 later decisions quote this exact passage · from the majority
   e.g. Home Telephone & Telegraph Co. v. City of Los Angeles · Pingree v. Michigan Central Railroad

2. ““These laws are general and uniform, not because they operate upon every person in the state, for they do not, but because every person who is brought within the relations and circumstances provided for is affected by the law. They are general and uniform in their operation upon all persons in the like situation, and the fact of their being general and.uniform is not affected by the number of persons within the scope of their operation.””

   2 later decisions quote this exact passage · from the majority
   e.g. Thomas v. Wabash, St. L. & P. Ry. Co. · State v. Haun

3. “It is very clear that a uniform rate pi charges for all-railroad companies in the State might operate unjustly upon some. It was proper, therefore, to provide in some way for an adaptation of the rates to the circumstances of the different roads ; and the general assembly, in the exercise of its legislative discretion, has seen fit to do this' by 'a system of classification. Whether this was the best that could have been done is not for us to decide. Our province is only to determine whether it could be done at all, and under any . circumstances. If it could, the legislature must decide for itself, subject to no control- from us, whether the common good requires that it should be done.”

   1 later decision quote this exact passage · from the majority
   e.g. Dow v. Reidelman