159 W. Va. 844 - Berkeley Development Corp. v. Hutzler’s Empirical Analysis
1976
Citation profile
3 federal appellate · 65 state decisions
How this case has been cited
Cited by 68 later decisions — most recently October 2022 · most notably Branch v. Occhionero (1996), 175 W. Va. 418 - Keller v. Hartman (1985)
3 federal appellate · 65 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 152 W. Va. 233 - Fanti v. Welsh · Crosier v. Brown · Town of Paden City v. Felton · Town of Paden City v. Felton · 126 W. Va. 750 - Derifield v. Maynard
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he open, continuous and uninterrupted use of a road over the lands of another, under bona fide claim of right, and without objection from the owner, for a period of ten years, creates in the user of such road a right by prescription to the continued use thereof.”
6 later decisions quote this exact passage“Where one owns and conveys a portion of his land which is completely surrounded by the retained land or partially by the land of the grant- or and the land of others, without expressly providing a means of ingress and egress, and where there is no other reasonable means of access to the granted land, the law implies an easement in favor of the grantee over the retained portion of the original land of the grantor.”
5 later decisions quote this exact passage““The burden of proving an easement rests on the party claiming such right and must be established by clear and convincing proof.””
3 later decisions 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.