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← 208 Misc. 427 - Gilmore v. State

Gilmore v. State’s Empirical Analysis

1955

Citation profile

14
cited by 14 later decisions
3
states following
April 1973
most recently cited

14 state decisions

How this case has been cited

Cited by 14 later decisions — most recently April 1973

14 state decisions

70195519601970decided

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 Bohm v. Metropolitan Elevated Railway Co. · Newman v. Metropolitan Elevated Railway Co. · Matter of City of New York · Perlmutter v. Greene · Egerer v. New York Central & Hudson River R. R.

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

  1. “"... the right of claimants as such property owners to compensation is measured and ascertained not by the value of the easements separate and without reference to the dominant tenement to which they are attached, but by the damage which the dominant tenement sustained as a result and as a consequence of their loss. It follows that in making an award where easements are taken or interfered with to such an extent that in a legal sense they are taken, there would be no compensation for the easements taken beyond a nominal sum, and the right of claimants to recover would rest chiefly upon proof of consequential damages; that is, the real injury, if any, suffered by the landowner in any particular case of the appropriation of property in the form of an easement lies in the effect produced upon the land to which the easement appropriated was appurtenant." (Emphasis added).”
    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.