Kitchen v. Hawley’s Empirical Analysis
1910
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently July 1940
23 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 Kitching v. . Brown · Hutchinson v. Ulrich · Sanders v. Dixon · Scharer v. Pantler · Stone v. Pillsbury
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But there is no word to be found in this provision which says that no building other than a dwelling house may be constructed. It is entirely clear that if dwelling houses are constructed on the property conveyed, then they must conform to the requirements above stipulated. The fourth subdivision inhibits the construction of any stable, shed or outhouse nearer than one hundred feet to a public driveway. The fifth subdivision is levelled against any nuisance, livery stable or manufacturing establishment of any kind. The words employed by the grantor with respect to these matters are general and sweeping, indeed, but they do not operate to prohibit a hotel, for such is not per se a nuisance, and, of course, not a livery stable, nor á manufacturing establishment. The sixth subdivision inhibits the construction or use of any grocery store, bar room or business place for the bargain and sale ’ of any kind of merchandise. If this restriction were general in terms and levelled against any business place, of course, it would exclude a hotel, for such is a business place, in ¿ way; but it is to be observed that the restriction is levelled against such business places only as they are occupied for the bargain and •sale of any kind of merchandise; that a hotel is not such a business place is certain. The implication is clear that business places, other than grocery stores, bar rooms or such as are occupied for the bargain and sale of merchandise, are not within the terms of the restric”
1 later decision quote this exact passagee.g. Thompson v. Langan““The law as a rule favors the free and untrammeled use of real property. Restrictions of the fee in conveyances are therefore regarded unfavorably, and strictly construed. Doubt in such restrictions are to be resolved in favor of the grantee in the! deed to the end of free use.””
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.