Loshbaugh v. Benzel’s Empirical Analysis

Citation profile

1 federal appellate · 16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[There is no evidence to be found in the record supporting Benzel's claim of adverse possession. To support the doctrine of adverse possession, such possession must be actual, adverse, hostile and under claim of right, and it must be open, notorious, exclusive and continuous. Plaintiff's adverse possession is not established by the evidence in this case.”

   2 later decisions quote this exact passage · from the majority
   e.g. Archuleta v. Gomez · Haney v. Olson

2. “It is not reasonable to suppose that priority of right to water, where water is searce, or likely to become so, will be lightly sacrificed or surrendered by its owner. Nor should the owner of such a right be held to have surrendered it or merged it exeept upon reasonably clear and satisfactory evidence.”

   2 later decisions quote this exact passage · from the majority
   e.g. Archuleta v. Gomez · Archuleta v. Gomez

3. “[There is no competent evidence of adverse possession subsequent to 1922, for any period of time under any statute of limitations which would entitle plaintiff to one half of the water in the L and C Ditch by adverse possession.”

   1 later decision quote this exact passage · from the majority
   e.g. Archuleta v. Gomez