144 Or. App. 330 - Garrett v. Mueller’s Empirical Analysis
1996
Citation profile
8 state decisions
Relationships
Relies on Simpson v. Western Graphics Corp. · Concerned Citizens of Brunswick County Taxpayers Ass'n v. State Ex Rel. Rhodes · 236 Cal. App. 2d 272 - Guerra v. Packard · Williams v. State · Brayden v. New York, New Haven, & Hartford Railroad
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A landowner ... is not required to battle successfully for his rights. It is enough if he asserts them to the other party by an overt act, which, if the easement existed, would be a cause of action. Such an assertion interrupts the would-be dominant owner’s impression of acquiescence, and the growth in his mind of a fixed association of ideas; or, if the principle of prescription be attributed solely to the acquiescence of the servient owner, it shows that acquiescence was not a fact.”
3 later decisions 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.