Everett v. Davis’s Empirical Analysis
1941
Citation profile
27 state decisions
How this case has been cited
Cited by 29 later decisions — most recently June 1988 · most notably 35 Cal. 2d 628 - Clement v. State Reclamation Board (1950), Midgett v. North Carolina State Highway Commission (1963)
27 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 Gray v. Reclamation District No. 1500 · San Gabriel Valley Country Club v. County of Los Angeles · Lebrun v. Richards · Lamb v. Reclamation District No. 108 · Horton v. Goodenough
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Flood waters are those which escape from a stream or other body of water and overflow the adjacent territory.” (LeBrun v. Richards, supra [ 210 Cal. 308 ( 291 P. 825 , 72 A.L.R. 336 )].) Such waters are said to be a common enemy, against which one may protect his land even to the detriment of his neighbor. But the drastic rule which allows a property owner to divert such waters to the lands of others only applies to flood waters in the strict sense, that is, waters escaping because of their height from the confinement of a stream and running over adjacent property. Implicit in the definition of flood waters is the element of abnormality; they are flood waters because of their escape from the usual channels under conditions which do not ordinarily occur.””
1 later decision quote this exact passage““Surface waters are those falling upon, arising from, and naturally spreading over lands produced by rainfall, melting snow, or springs. They continued to be surface waters until, in obedience to the laws of gravity, they percolate through the ground or flow vagrantly over the surface of the land into well defined watercourses or streams.””
1 later decision quote this exact passage““those which escape from a stream or other body of water and overflow the adjacent territory.””
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.