State v. Rascoe’s Empirical Analysis

Citation profile

37 state decisions

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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is said that the construction of the air base would have closed the road had no part of Mrs. Ras-coe’s property been expropriated but by reason of the fact that part of her land was taken her rights are different from the rights of one who would have only been damaged by the closing of the road but none of whose land was condemned. This question is fully discussed in Lewisburg & N. R. Co. v. Hinds et al., 134 Tenn. 293 , 183 S.W. 985 , L.R.A.1916E, 420. Owners of land, no part of which has been taken for public purposes, are not entitled to compensation for damages naturally and unavoidably resulting from the careful construction and operation of the public improvement which damages are shared generally by owners whose lands lie within the range of the inconveniences necessarily attending that improvement.” 181 Tenn. 52 , 178 S.W.2d 395 .”

   3 later decisions quote this exact passage · from the majority
   e.g. Ledbetter v. Beach · Frank v. GOVERNMENT OF CITY OF MORRISTOWN

2. ““The rule is extended upon facts proven and which show that exceptional circumstances attend the taking and use of the land which impair the value of the remainder, and so, if the use of the part taken is attended by peculiar facts and circumstances, that result in special injury to the remainder of the land, the fact that such special injury is common to all property in the community would not exclude consideration of the special injury as an element to be considered in assessing the incidental damages.” L. & N. R. R. Co. v. Dudley, supra, p. 551 , 30 S.W.2d p. 280.”

   1 later decision quote this exact passage · from the majority
   e.g. 59 Tenn. App. 141 - Pack v. Boyer

3. ““However, it does not appear that the dwelling house of anyone else is so close to the base nor directly in line with one of the runways. Moreover, it does not appear that the land of anyone else was taken in condemnation proceedings for this air base. Other lands going into the project were acquired by purchase.””

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. City of Greeneville