King v. Kugler’s Empirical Analysis
1961
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently April 2017 · most notably 22 Ariz. App. 223 - Riley v. Stoves (1974), McDonough v. WW Snow Construction Co., Inc. (1973)
26 state decisions — followed in 10 states
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 Werner v. Graham · Wing v. Forest Lawn Cemetery Assn. · Martin v. Holm · Kent v. Koch · Paddock v. Vasquez
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Contrary to appellant’s claim, we see nothing vague, ambiguous or uncertain in the meaning of the restrictive phrase “one story in height, ” or as to what was intended thereby. It does not appear, nor have appellants contended, that the words have a technical, special or peculiar meaning; they merely argue that to control the height the grantor “should” have inserted a limit in feet and inches or other language from which the intended maximum height could have been inferred exactly.... [W]e can only conclude, as did the trial court, that the structure not to exceed “one story in height” neither encompasses nor contemplates defendants’ proposed structure, which is to have a garage floor and ceiling and a room with a floor and ceiling above the garage. Resorting to the popular and common meaning of the phrase “first class buildings only” as used in a like restriction, the court in Harrison v. Frye, 148 Cal.App.2d 626 , 307 P.2d 76 , held such language to be certain in its meaning and intent. Similarly, we find the popular and common usage of the phrase “one story in height’’ to render the restriction sufficiently clear and certain to support injunctive relief The word “story” is defined in Webster’s New International Dictionary, Second Edition (Unabridged) at page 2487, as “A set of rooms on the same floor or level; a floor, or the habitable space between two floors. * * * A story comprehends the distance from one floor to another.” Commonly accepted as the ordinary meaning, th”
1 later decision quote this exact passagee.g. Hiner v. Hoffman“we see nothing vague, ambiguous or uncertain in the meaning of the restrictive phrase 'one story in height'”
1 later decision quote this exact passagee.g. Allen v. Reed
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.