Fertilizing Company v. Hyde Park’s Empirical Analysis
97 U.S. 659 · 1878
Citation profile
14 federal appellate · 9 district · 160 state decisions
How this case has been cited
Cited by 321 later decisions (51 by the Supreme Court) — most recently October 2021 · most notably Pennsylvania Coal Co. v. Mahon (1922), Home Building & Loan Ass'n v. Blaisdell (1934)
14 federal appellate · 9 district · 160 state decisions — followed in 33 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 M'Culloch v. State of Maryland · Trustees of Dartmouth College v. Woodward · Edwards v. Kearzey · Murray v. Charleston
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 321 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Every reasonable doubt is to be resolved adversely to the corporation. Nothing is to be taken as conceded but what is given in unmistakable terms or by an implication equally clear. The affirmative must be shown. Silence is negation, and doubt is fatql to the claim. This doctrine is vital to the public welfare. It is axiomatic in the jurisprudence of this court.””
7 later decisions quote this exact passage · from the majority““In such cases, prescription, whatever the length of time, has no application. Every day’s continuance is a new offense, and it is no justification that the party complaining came voluntarily within its reach. * * * If population, where there was none before, approaches a nuisance, it is the duty of those liable at once to put an end to it.””
4 later decisions quote this exact passage · from the majority“We cannot doubt that the police power of the State was applicable and adequate to give an effectual remedy (to the nuisance). That power belonged to the States when the Federal Constitution was adopted. They did not surrender it, and they all have it now. . . . 97 '. . . Pure air and the comfortable enjoyment of property are as much rights belonging to (the village residents) as the right of possession and occupancy. . . . 98 "The (company's) charter was a sufficient license until revoked; but we cannot regard it as a contract guaranteeing, in the locality originally selected, exemption for fifty years from the exercise of the police power of the State, however serious the nuisance might become in the future . . . .”
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.