Dugan v. Long’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In other words, this court has, in effect, though not in express terms, adopted in respect to such cases as this the rule of the civil law, which only subjects the lower estate to the easement or servitude of receiving the natural flow of. surface water from the upper estate. That is to say, the doctrine seems to be that where two estates adjoin, and one is lower than the other, the lower must necessarily be subject to the natural flow of surface water from the upper one. If this proves to be an inconvenience, it arises solely from the position of the lower estate, and in the nature of the case is unavoidable. Therefore the owner of the lower ground, has no right to erect embankments, or create other obstructions, whereby the natural flow of surface water from the upper ground is stopped or caused to back upon and overflow the upper ground.” (Our emphasis.)”

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

2. ““A permanent structure of this character is defined as one which may not be readily remedied, removed, or abated at a reasonable expense, or one of a durable character evidently intended to last indefinitely, costing as much to alter as to build it in the first instance.” Dugan v. Long, 234 Ky. 511 , 28 S. W. (2d) 765, 766 . If a structure causing the injury or nuisance can -be easily changed or repaired at reasonable expense, it may be regarded as temporary. City of Covington v. McKinney, 263 Ky. 131 , 92 S. W. (2d) 1 .”

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