Chesson v. . Jordan’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"While the authorities are at variance as to the right of an owner of land burdened with a right of way acquired by prescription to erect gates across the way, the weight of authority is in accord with the holding that such a right exists in the case of agricultural land. 17 Am. Jur., 1012 , sec. 122; 28 C.J.S. Easements § 91, p. 770; Annotation 73 A.L.R. 788 . See also Alexander v. Autens Auto Hire, 175 N.C. 720 , 95 S.E. 850 ; Jacobs v. Jennings, 221 N.C. 24 , 18 S.E.2d 715 . * * * * * * "Generally speaking, the nature of the easement acquired rather than the character of the use must control the rights of the parties. Hence, no hard and fast rule may be prescribed. Each case must be controlled, in large measure, by the particular facts and circumstances being made to appear. "Ordinarily, however, a mere private easement for the general purpose of ingress and egress over and across agricultural lands carries with it no implication of a right to deprive the owner of the servient estate of the full enjoyment of his property. It is subject only to the right of passage. Hence, he may erect gates across the way when necessary to the reasonable enjoyment of his estate, provided they are not of such nature as to materially impair or unreasonably interfere with the use of the lane as a private way for the purposes for which it has theretofore been used."”

   3 later decisions quote this exact passage
   e.g. Wykoff v. Barton · Massee v. Schiller

2. ““ ‘[T]here can be in this State no public road or highway unless it be one either established by public authorities in a proceeding regularly instituted before the proper tribunal or one generally used by the public and over which the public authorities have assumed control for the period of twenty years or more; or dedicated to the public by the owner of the soil with the sanction of the authorities and/or the maintenance and operation of which they are responsible.’ ””

   1 later decision quote this exact passage
   e.g. 122 N.C. App. 322 - Wiggins v. Short