Barnard v. Gaumer’s Empirical Analysis
1961
Citation profile
2 federal appellate · 3 district · 48 state decisions
How this case has been cited
Cited by 62 later decisions (4 by the Supreme Court) — most recently March 2023 · most notably 121 Ill. App. 3d 805 - Lakeland Property Owners Ass'n v. Larson (1984), Gerrity Oil & Gas Corp. v. Magness (1997)
2 federal appellate · 3 district · 48 state decisions — followed in 12 states
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 Dereus v. Peck · City of Denver v. Spencer · City and County of Denver v. Publix Cab Co. · Williams v. City of Longmont · Lamb v. . Lamb
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. The subject of the road upkeep and maintenance on its face concerns parties who filed no pleadings in the litigation and, being indivisible because of possible equitable distribution of the responsibility among the respective owners of the dominant and servient tenements, could not be litigated in the cases under review. Besides proof should be required of the extent of use by the several tenements in order to afford the trial court bases for assessing upkeep against them. Absent any agreement on the question of maintenance of a private way, the burden of upkeep should be distributed between dominant and servient tenements in proportion to their relative use of the road, as nearly as such may be ascertained. [Citations]”
1 later decision quote this exact passage · from the majority“An easement is a right conferred by grant, prescription or necessity authorizing one to do or maintain something on the land of another which although a benefit to the land of the former, may be a burden on the land of the latter.”
1 later decision quote this exact passage · from the majority
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.