Bruns v. Willems’s Empirical Analysis
1919
Citation profile
1 federal appellate · 5 state decisions
How this case has been cited
Cited by 6 later decisions — most recently May 1998
1 federal appellate · 5 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 Graham v. Walker · Alley v. Carleton · Lidgerding v. Zignego · Reed v. Board of Park Commissioners · Cady v. Springfield Water Works Co.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“That being so, there must be a judgment in defendant's favor * * * unless defendant, by the work done upon the land subject to this right of way easement, wrongfully invaded plaintiff's rights. 59 "It is the contention of plaintiff that, even if defendant had an easement, it was merely that of passage; hence, if he disturbed the sod or altered conditions, it was necessary by pleading and proof to justify his acts as being necessary in order to make the road usable and fit for travel. * * * We think plaintiff's contention as to the pleading and burden of proof not well founded. It appearing that the locus in quo is a right of way easement, in order to charge the owner of the easement with trespass, on account of work thereon, the owner of the servient estate has the onus of showing that the work was not a proper improvement of the road, and was not made with due regard for his rights. The interests of both the servient and dominant estate must be considered in the use made of an easement.”
1 later decision quote this exact passage“That being so, there must be a judgment in defendant's favor * * * unless defendant, by the work done upon the land subject to this right of way easement, wrongfully invaded plaintiff's rights. 59”
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.