Leidlein v. Meyer’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We need not refer to the decisions of other courts, where there is great conflict of authority as to the rights of the flowage of water from the upper estate over the lower. It is the settled law of this State that the natural flowage of water from the upper estate is a natural servitude which the owner of the lower estate must bear. Boyd v. Conklin, 54 Mich. 583 . In that case Mr. Justice Campbell ably and exhaustively discussed both the principle and the authorities, and arrived at the conclusion that ‘ the adjoining owners owe mutual duties — the one to receive the natural flow, and the other not to injuriously change its conditions.’ The facts in that case are similar to those in the present case. We are in entire accord with the rule there laid down, which seems to us to be founded in good sense and reason. * * * There is nothing to indicate that the plaintiff has increased the natural flowage of water, or has in any manner changed its condition to the detriment of the defendant.””

   1 later decision quote this exact passage
   e.g. O'Connor v. Hogan

2. ““Such view is not a matter of right, but was in the discretion of the court. It was not therefore error to refuse it.””

   1 later decision quote this exact passage
   e.g. Jaddatz v. Grace Harbor Lumber Co.