Barney v. Keokuk’s Empirical Analysis
94 U.S. 324 · 1876
Citation profile
65 federal appellate · 31 district · 186 state decisions
How this case has been cited
Cited by 444 later decisions (79 by the Supreme Court) — most recently February 2018 · most notably Marsh v. State of Alabama (1946), Idaho v. Coeur Tribe of Idaho (1997)
65 federal appellate · 31 district · 186 state decisions — followed in 34 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 John Pollard et al. v. John Hagan et al. · The Propeller Genesee Chief Pierce Kelsey Cheney Hunter Swan Clark Strong v. Fitzhugh Littlejohn Peck · Merrit Martin v. William C Waddell · Railroad Company v. Schurmeir
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 444 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““By the common law, as before remarked, such additions to the land on navigable waters belong to the crown. But, as the only waters recognized in England as navigable were tidewaters, the rule was often expressed as applicable to tidewaters, only, although the reason of the rule would equally apply to navigable waters above the flow of .the tide; that reason being that the public authorities ought to have entire control of the great passageways of commerce and navigation, to be exercised for the public advantage and convenience. The confusion of navigable with tidewaters, found in the monuments of the common law, long prevailed in this country, notwithstanding the broad differences existing between the extent and topography of the British Islands, and that of the American Continent. It had the influence for two generations of excluding the admiralty jurisdiction from our great rivers and inland seas; and under the like influence it laid the foundation in many states of doctrines with regard to the ownership of the soil in navigable waters above tidewater at variance with sound principles of public policy. Whether, as rules of property, it would now be safe to change these doctrines where they have been applied, as before remarked, is for the several states themselves to determine. If they choose to resign to the riparian proprietor rights which properly belong to them in their sovereign capacity, it is not for others to raise objections. In our view of the subject, the correc”
11 later decisions quote this exact passage · from the majority“(i)t is generally conceded that the riparian title attaches to subsequent accretions to the land effected by the gradual and imperceptible operation of natural causes.”
2 later decisions quote this exact passage · from the majority““On the general question as to the rights of the public in a city street, we cannot see any material difference in principle with regard to the extent of those rights, whether the fee is in the public, or in the adjacent landowner, or in some third person. In either case the street is "legally open and free for the public passage, and for such other public uses as are necessary in a city and do not prevent its use as a thoroughfare, such as the laying of water-pipes, gas pipes, and the like; and according to the laws of Iowa (which must be taken to govern the case) it may be occupied by those improved iron ways for public passage which modern skill has devised, and which the advance of general improvement requires. It cannot be denied that horse railroads have contributed immensely to the public convenience in furnishing a rapid, cheap, and convenient means of communication between different parts of large towns, and have greatly promoted their increase and growth in wealth and population. By the accommodation which they afford, the citizen can reside miles from his shop or place of business. Though attended with some inconveniences, they have greatly added to the efficiency of the public thoroughfares, and have more than doubled their capacity for travel and transportation. So other railways coming to cities add greatly to their population and wealth, and furnish greatly Increased facilities of communication with other portions of the country. In Iowa, by the act called the ”
1 later decision quote this exact passage · from the majority
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.