Fleming v. Howard’s Empirical Analysis
1906
Citation profile
43 state decisions
How this case has been cited
Cited by 45 later decisions — most recently January 2017 · most notably O'BANION v. Borba (1948), 70 Cal. App. 283 - Pacific Gas & Electric Co. v. Crockett Land & Cattle Co. (1924)
43 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 Kripp v. Curtis · Franz v. Mendonca · Anglo-Californian Bank, Ltd. v. Cerf
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Where an open and uninterrupted use of an easement for a sufficient length of time to create the presumption . of a grant is shown, if the other party relies on the fact that these acts or any part of them were permissive, it is incumbent on such party, by sufficient proof, to rebut such presumption of a non-appearing grant; otherwise the presumption stands as sufficient proof, and establishes the right.' [Citation.]””
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.