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← 178 OHIOAPP3D 26 - Cadwallader v. Scovanner

Cadwallader v. Scovanner’s Empirical Analysis

2008

Citation profile

51
cited by 51 later decisions
1
states following
October 2023
most recently cited

51 state decisions

How this case has been cited

Cited by 51 later decisions — most recently October 2023 · most notably Fitzpatrick v. Palmer (2009), McCumbers v. Puckett (2009)

51 state decisions

400200820102020decided

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 Seasons Coal Co. v. City of Cleveland · State ex rel. Quarto Mining Co. v. Foreman · 5 Ohio St. 3d 41 - State ex rel. Evans v. Bainbridge Township Trustees · Tiller v. Hinton · 154 Ohio St. 286 - Trattar v. Rausch

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

  1. “Because the trial court is best able to view the witnesses, observe their demeanor, gestures, and voice inflections, and use those observations in weighing the credibility of the witnesses, a reviewing court will presume that the trial court's findings of fact are accurate.”
    2 later decisions quote this exact passage
  2. “(1) A severance of the unity of ownership in an estate; (2) that before the separation takes place, the use which gives rise to the easement shall have been so long continued and obvious or manifest as to show that it was meant to be permanent; (3) that the easement shall be reasonably necessary to the beneficial enjoyment of the land granted or retained; (4) that the servitude shall be continuous as distinguished from a temporary or occasional use only. Id.”
    1 later decision quote this exact passage
  3. “[f]or a use to be permanent in character * * * a mere temporary provision or arrangement made for the convenience of the entire estate will not constitute that degree of permanency required to burden the property with a continuance of the same when divided or separated by conveyance to different parties.”
    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.