113 So. 2d 95 - Loeblich v. Garnier’s Empirical Analysis
1959
Citation profile
3 federal appellate · 54 state decisions
How this case has been cited
Cited by 60 later decisions — most recently July 2010 · most notably Northwestern National Casualty Company of Milwaukee, Wisconsin v. Edward A. McNulty and Walter Scott Smith (1962), Hogg v. Chevron USA, Inc. (2010)
3 federal appellate · 54 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 Hill v. Richey · McGee v. Yazoo M. v. R. Co. · Hernandez v. Harson · Arkansas-Louisiana Gas Co. v. Parker Oil Co. · Schonberg v. New York Life Insurance Company
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The often found general statement that only compensatory and not punitive damages are awardable in Louisiana is in apparent conflict with the awards often made for damages for mental anguish and embarrassment caused by an illegal and deliberate violation of property rights or for such violation itself irrespective of any pecuniary damage caused thereby (which damages, according to the definition above cited, are regarded in other states as exemplary or punitive damages). The key to resolution of this conflict seems to be that in such circumstances such awards in Louisiana are regarded as compensatory for violations of a recognized property right, rather than punitory.”
5 later decisions quote this exact passage“in such actions by possessors, the trespasser may not excuse his violation of an apparent and generally recognized boundary by attempting to establish another and theoretically correct boundary. Hill v. Richey, 221 La. 402 , 59 So.2d 434 ; Wright v. Holder, La.App. 2 Cir., 72 So.2d 529 , certiorari denied; De Graauw v. Eleazar, La.App. 1 Cir., 24 So.2d 180 ; Guidry v. Matherne, La.App. 1 Cir., 12 So.2d 19 .”
4 later decisions quote this exact passage“"Corporeal possession over the property was exercised by Sandifer, plaintiff Loeblich's predecessor in title, when in 1951 (after a survey verified the recognized boundaries of the tract) he cut all the timber off the tract he owned up to clearly recognizable limits; thus evidencing such external signs of possession as to indicate clearly his exclusive control and occupancy over the property. (Citing cases). All witnesses agree that plaintiffs' tract was entirely cutover land, its limits clearly distinguishable from the adjacent heavily timbered tracts."”
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.