Zollinger v. Frank’s Empirical Analysis
1946
Citation profile
29 state decisions
How this case has been cited
Cited by 29 later decisions — most recently May 2020 · most notably Valcarce v. Fitzgerald (1998), Sanchez v. Dale Bellamah Homes of New Mexico, Inc. (1966)
29 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 13 Wash. 2d 75 - Northwest Cities Gas Co. v. Western Fuel Co. · Big Cottonwood Tanner Ditch Co. v. Moyle · Fleming v. Howard · C. B. Alling Realty Co. v. Olderman · Davis v. Wilkinson
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"we think the better rule is that * * * where a claimant has shown an open and continuous use of the land for the prescriptive period (20 years in Utah) the use will be presumed to have been against the owner and the owner of the servient estate to prevent the prescriptive easement from arising has the burden of showing that the use was under him instead of against him.””
4 later decisions quote this exact passage“the use must be against the owner as distinguished from under the owner,”
2 later decisions quote this exact passagee.g. Jensen v. Brown · Jacob v. Bate“It would, I think, be true to say that there is no branch of English law which is in a more unsatisfactory state. There are, indeed, other branches of English law which stand in need of an intelligent restatement; but no mere restatement can clear up the muddle which the courts and the Legislature have combined to make of the law of prescription.”
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.