151 N.C. App. 52 - BNT CO. v. Baker Precythe Development Co.’s Empirical Analysis
2002
Citation profile
8 state decisions
Relationships
Relies on Dickinson v. Pake · Gillikin v. Burbage · Bryant v. Nationwide Mutual Fire Insurance · Cogdill v. North Carolina State Highway Commission · Sutton v. Aetna Casualty & Surety Company
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Harold Roseman, . . . testified that he had never experienced flooding on his property prior to June 1998, when defendant closed the ditch. Once the ditch was closed, . . . his land flooded every time it rained.... Bill Saffo,... testified that the BNT properties did not flood during Hurricanes Bertha and Fran in 1996, but following the closing of the ditch in' June 1998, those properties flooded on several occasions... . Dan Dawson, an independent engineer... testified that the closing of the ditch interrupted the drainage flow in that area, which could result in flooding if the water could not escape in some alternate manner. . . . [Plaintiffs presented sufficient evidence to support the jury’s verdict as to causation[.]”
1 later decision quote this exact passage“[If] the subject matter ... is ‘so far removed from the usual and ordinary experience of the average man that expert knowledge is essential to the formation of an intelligent opinion, only an expert can competently give opinion evidence as to the cause of. .. [the] condition.’”
1 later decision quote this exact passage“a layperson could form an intelligent opinion about whether the flooding was caused by the closing of [a] ditch”
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.