118 So. 2d 476 - Thomas v. Mobley’s Empirical Analysis

Citation profile

1 federal appellate · 29 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"As to the applicable law, it is conceded that, regardless of the title to the land itself, when a plot of ground is set apart and used for cemetery purposes, it becomes dedicated to use for such purposes; and that the descendants and near relatives of those interred therein are entitled to damages for profanation of these sacred grounds, as well as to injunctive relief to protect the graves and their burial and visitation rights related thereto. Humphreys v. Bennett Oil Corporation, 195 La. 531 , 197 So. 222 ; 14 C.J.S. Cemeteries § 28, p. 87, § 29, p. 88, § 31, p. 91, § 36, p. 95; 10 Am.Jur. `Cemeteries' S. 6 (p. 489), S. 8 (p. 491), S. 29 (p. 507), S. 34 (p. 510), § 38 (p. 514). * * *" 118 So.2d 476, 478 .”

   2 later decisions quote this exact passage
   e.g. 225 So. 2d 691 - Vidrine v. Vidrine · 529 So. 2d 883 - Fortuna v. St. Bernard Memorial Gardens, Inc.

2. ““The judgment dismissing plaintiff’s demand is affirmed, without prejudice to plaintiff to reinstate the claim if, within a year of the final date of the present judgment, defendant Mobley has not completed the restoration of the graveyard (within the limits shown by Exhibit Mobley — 28 attached hereto) and the tombstones as tendered by his letter on November 16, 1956 (Exhibit Mobley — 6), and without preju dice to any claim for damages or other relief for future denial of access to said Pike’s Peak burial ground. * * ””

   2 later decisions quote this exact passage
   e.g. Thomas v. Southern Farm Bureau Casualty Insurance · Thomas v. Fidelity & Casualty Co.

3. ““The principal question of this litigation is whether the clearing of the graveyard constituted a desecration of the ancient Pike’s Peak graveyard so as to entitle the plaintiffs to damages. * * * “Accepting defendants’ factual testimony as true, no legal authority is cited, and we are unable to hold as a matter of law, that such cleaning operations constituted a desecration of the burial grounds, taking into consideration that defendant Mobley first accepted without success to secure the cleaning of this eyesore on his land by relatives of those buried therein, that he took pains to preserve the headstones and to map their location with the intention of reinstating them following completion of the operations, and that no graves were actually disturbed or destroyed. The mere action of using machinery to clear the cemetery, providing care was taken to preserve the grave markers and their locations, did not constitute a desecration under the circumstances of this case. * * * “Because we feel that defendant Mobley’s testimony was based upon such genuine and truthful intention,- and because it would be inequitable to deny plaintiff recovery if as he alleges the testimony which defeated his claim is based upon temporary convenience rather than upon fact, we therefore feel that in the interest of justice the affirmance of this suit’s dismissal should be without prejudice to plaintiff to reinstate his claim if, within a year of the final date of this judgment, defendant Mobley has n”

   1 later decision quote this exact passage
   e.g. Cauefield v. Fidelity & Casualty Co. of New York