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← 144 Cal. 230 - Mendelson v. McCabe

Mendelson v. McCabe’s Empirical Analysis

1904

Citation profile

31
cited by 31 later decisions
7
states following
December 2014
most recently cited

3 federal appellate · 1 district · 27 state decisions

How this case has been cited

Cited by 31 later decisions — most recently December 2014 · most notably 30 Cal. 4th 1342 - Intel Corp. v. Hamidi (2003), City of Pasadena v. California-Michigan Land & Water Co. (1941)

3 federal appellate · 1 district · 27 state decisions

90190419101920193019401950196019701980199020002010decided

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 Learned v. Castle · Kellogg v. King · Moore v. Clear Lake Water Works · Gardner v. Stroever · Mott v. Ewing

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

  1. “The right to an injunction is not always defeated by the mere absence of substantial damage from the acts sought to be enjoined. The acts of the plaintiff in leaving the gates open, if persisted in as he threatened, will constitute a continual invasion of the right of the defendant to maintain the gates.... Moreover, the only remedy, other than that of an injunction, for the injury arising from such continued trespass, would be an action against the plaintiff for damages upon each occasion when he left the gates open. The damage in each case would be very small, probably insufficient to defray the expenses of maintaining the action not recoverable as costs. Such remedy is inadequate and would require numerous petty suits, which it is not the policy of the law to encourage.”
    1 later decision quote this exact passage
  2. “`[a] trespass of a continuing nature, whose constant recurrence renders the remedy at law inadequate, unless by a multiplicity of suits, affords sufficient ground for relief.'”
    1 later decision quote this exact passage
  3. “did not allege that any actual damage had been caused by the acts of [Mendelson] ... in leaving the gates open.”
    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.