PATTERSON v. Harris’s Empirical Analysis
1960
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently August 2016 · most notably 511 So. 2d 112 - Dethlefs v. Beau Maison Development Corp. (1987), 749 So. 2d 41 - Sharp v. White (1999)
26 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 Zeller's Lessee v. Eckert · Boullioun v. Constantine · Larue v. Kosich · 70 Cal. App. 283 - Pacific Gas & Electric Co. v. Crockett Land & Cattle Co. · Dead River Fishing & Hunting Club v. Stovall
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.
“In the case of Weaver v. Pitts, 1926, 191 N.C. 747 , 133 S.E. 2, 3 , the Court said: "The law should, and does, encourage acts of neighborly courtesy. A landowner who quietly acquiesces in the use of a path, or road, across his uncultivated land, resulting in no injury to him, but in great convenience to his neighbor, ought not to be held to have thereby lost his rights. It is only when the use of the path or road is clearly adverse to the owner of the land, and not an enjoyment of neighborly courtesy, that the landowner is called upon `to go to law' to protect his rights."”
3 later decisions quote this exact passage“A use that has its inception in the permission of the owner will continue as such until a distinct and positive assertion of a right hostile to the owner is brought home to him by words or acts. To transform a permissive use into an adverse one there must be (1) a distinct and positive assertion of a right hostile to the rights of the owner, which is brought to his attention, or (2) a change in the character of the use.”
2 later decisions quote this exact passage“However, use by express or implied permission or license, no matter how long continued, cannot ripen into an easement by prescription, since adverse use, as distinguished from permissive, is lacking.”
2 later decisions 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.