Smith v. Stewart’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In their arguments on appeal, appellees recognize the established line of cases wherein Arkansas courts have issued or directed mandatory injunctions requiring the removal of improvements placed upon the land of another. Dendy v. Greater Damascus Baptist Church, 247 Ark. 6 , 444 S.W.2d 71 (1969) (a small church was mistakenly built upon adjoining landowner’s unfenced, wooded acre); McLendon v. Johnston, 243 Ark. 218 , 419 S.W.2d 309 (1967) (a newly constructed house encroached a distance of 3.4 feet onto the adjoining landowner’s property); Beaty v. Gordon, 236 Ark. 50 , 364 S.W.2d 311 (1963) (the eaves of a newly built house extended over the property line of the adjoining landowner); Fulks v. Fredeman, 224 Ark. 413 , 273 S.W.2d 528 (1954) (a brick wall leaned over adjoining landowner’s property line); and Leffingwell v. Glendenning, 218 Ark. 767 , 238 S.W.2d 942 (1951) (a stone and cement wall encroached upon a twenty-six foot strip owned by the adjoining landowner). Appellees argue these prior cases are factually distinguishable from the situation presented herein because the removal of appellees’ house would destroy it; they contend the application of the rule requiring the removal of the house as an encroachment is too harsh and inequitable. In support of appellees’ position, they cite two Michigan Supreme Court cases, Hardy v. Burroughs, 251 Mich. 578 , 232 N.W. 200 (1930), and Rzeppa v. Seymour, 230 Mich. 439 , 203 N.W. 62 (1925). The simple answer to appellees’ argume”

   1 later decision quote this exact passage
   e.g. Stuttgart Electric Co. v. Riceland Seed Co.