Marshall v. Martin’s Empirical Analysis
1927
Citation profile
2 district · 52 state decisions
How this case has been cited
Cited by 54 later decisions — most recently January 2018 · most notably Hollywyle Assn., Inc. v. Hollister (1973), Crescent Development Corporation v. Planning Commission (1961)
2 district · 52 state decisions
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 Schroeder v. Taylor · Collins v. Prentice · Blanchard v. Maxson · C. B. Alling Realty Co. v. Olderman · Davis v. Sikes
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It has been said that the test of necessity is whether the party claiming the right can at reasonable cost, on his own estate, and without trespassing on his neighbors, create a substitute. . . . In most of the cases which have held that a way of necessity does not exist when a man can get to his own property through his own land, the way was sought on the grounds of convenience and economy only.”
1 later decision quote this exact passage“no better off than if the land were quite inaccessible, and the presumption of a grant in such a case would seem to be quite as strong as in the case where there is no access whatever to the land conveyed except over the land of the grantor.”
1 later decision quote this exact passage
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.