Dereus v. Peck’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An easement is a right ... authorizing one to do or maintain something on the land of another .... It is a privilege existing distinct from the ownership of the land itself, nevertheless it is an interest in land.””

   2 later decisions quote this exact passage · from the majority
   e.g. Wittemyer v. Cole · Sinclair Transportation Co. v. Sandberg

2. ““The law is well settled in this jurisdiction that a decree for an easement must be definite and certain so that there may be no possible doubt as to its location, its width, length, and termini. Starr v. People, 17 Colo. 458 , 30 Pac. 64 ; Lieber v. People, 33 Colo. 493 , 81 Pac. 270 ; Gyra v. Windler, 40 Colo. 366 , 91 Pac. 36 ; Workman v. Stephenson, 26 Colo. App. 339 , 144 Pac. 1126 ; Sprague v. Stead, 56 Colo. 538 , 139 Pac. 544 ; Leach v. Manhart, 102 Colo. 129 , 77 P. (2d) 652 . “Under the authorities cited, the decree was defective in that it contained no definite and certain description locating the easement as the same crossed defendants’ lands.””

   1 later decision quote this exact passage · from the majority
   e.g. Isenberg v. Woitchek