Herbert v. Smyth’s Empirical Analysis
1967
Citation profile
2 district · 53 state decisions
How this case has been cited
Cited by 55 later decisions — most recently November 2017 · most notably Pestey v. Cushman (2002), Filisko v. Bridgeport Hydraulic Co. (1978)
2 district · 53 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 Morrison v. Work · Morrison v. Work · Bauby v. Krasow · Brainard v. Town of West Hartford · Nailor v. C. W. Blakeslee & Sons, Inc.
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The issue must be decided on a case by case basis because the duty is framed in terms of reasonableness, which necessarily implies an element of subjective judgment drawn, in accordance with guiding principles of law, from a specific factual situation.”
1 later decision quote this exact passage“Relief by way of mandatory injunction is an extraordinary remedy and should only be granted under compelling circumstances.”
1 later decision quote this exact passage“[a] use which does not violate zoning restrictions may nonetheless create a common-law nuisance.”
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.