Rothschild v. Wolf’s Empirical Analysis
1942
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 2000
13 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 La Laguna Ranch Co. v. Dodge · Friesen v. City of Glendale · 122 Cal. App. 480 - Coulter v. Sausalito Bay Water Co. · Shirley v. Crabb · Union National Bank v. Nesmith
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[W]e do not wish to be understood as intimating that depreciation or obsolescence of a building may not in the course of time so far progress as to impair property rights in the further maintenance thereof even though not to the extent of being the equivalent of destruction of such building. . . . ””
2 later decisions quote this exact passage““If the structure ceases to exist, the right ends as there is nothing upon which it can be exercised. This is because the owner of the servient estate is not obliged to replace the [structure] when it ceases to exist by reason of decay, earthquake, tornado, fire or its destruction otherwise caused without the fault or act of the owner. . . . The same result follows where the [structure] on the dominant tenement is destroyed by voluntary or involuntary act, or is substantially changed. The right is not one appurtenant to the estate as a whole, but is limited by intendment to the [structure] in connection with which it is used. . . ””
1 later decision quote this exact passage · from the dissent“An easement, in the true sense of the word, is an interest in real estate, and survives the destruction of a part of the servient tenement when there is anything remaining upon which the easement may operate. But a right in the nature of “an easement in a building,” as it is sometimes called, is extinguished by the destruction of the building, or the part thereof upon which the easement is imposed, so that there is nothing upon which it can operate.”
1 later decision quote this exact passagee.g. Mason v. Garrison
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.