Downing v. Grover’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The burden at trial on the party seeking to establish the prescriptive easement is to show 1) open 2) notorious 3) exclusive 4) adverse 5) continuous, and 6) uninterrupted use of the easement claimed for the full statutory period. Clemens [Clemans] v. Martin (Mont. 1986), [ 221 Mont. 483 ,] 719 P.2d 787 , 43 St.Rep. 994 . The statutory period is five years. Section 70-19-401, MCA. All elements of prescriptive easement must be proved by a preponderance of the evidence or the claim will fail. Grimsley v. Estate of Spencer (1983), 206 Mont. 184 , 670 P.2d 85 . All elements must be proved in a case such as this because “one who has legal title should not be forced to give up what is rightfully his without the opportunity to know that his title is in jeopardy and that he can fight for it.” Grimsley, 670 P.2d at 92-93 .”

   1 later decision quote this exact passage · from the majority
   e.g. Wareing v. Schreckendgust

2. ““Open and notorious” is defined as “a distinct and positive assertion of a right hostile to the rights of the owner and must be brought to the attention of the owner.” “Continuous” means “it is necessary to have use made often enough to constitute notice of the claim to the potential servient owner.” “Uninterrupted” means “use not interrupted by the act of the owner of the land or by voluntary abandonment by the party claiming the right.””

   1 later decision quote this exact passage · from the majority
   e.g. Rappold v. Durocher

3. ““Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses ...””

   1 later decision quote this exact passage · from the majority
   e.g. Keebler v. Harding