Dalgarno v. Baum’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There must be some burden on the person claiming such reimbursement to prove the actual construction of the improvements, and second, to show the amount by which the value of the common property is enhanced. * * * In the case at bar, the respondent, J. Landreth Shotwell, has not shown such proof. In fact his proof as to the improvements themselves is very vague and indefinite. He ',dmits that some of the improvements were made from time to time during a ten year period and during which time he was a renter, paying rent to his mother, and in 1958 paying one-fourth to his brothers and sisters. He says during the period of ten years he ‘built shelters, garage shelter, wood house shelter, stable, two room basement to main house,’ and wire fences, and in the spring built two rooms to the house. There is some evidence that he used timber off of the farm to do this construction. He says he can’t tell how much the improvements cost though he said he had statements at his home. There has been an estimate of costs by two witnesses, but there is a wide variation as to the values. There is absolutely no evidence offered as to the enhancement in value to the common property. For these reasons the court feels that the commissioner’s findings in this respect should not be disturbed #”

   1 later decision quote this exact passage · from the majority
   e.g. Shotwell v. Shotwell