Gelwicks v. Todd’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““At the time of this ruling, the opinion in the case of Arnett v. Linhart, 21 Colo. 188 , though handed down, probably was not reported, at least, not called to the attention of the trial court. In this case this court, basing its ruling upon the Strickler case, supra says: ‘Although a water right may be appurtenant to the land, it is the subject of property and may be transferred either with or without the land. Strickler v. City of Colorado Springs, 16 Colo. 61 . Being' therefore a distinct subject of grant, and transferable either with or without the land, whether a deed to land conveys the water right depends upon the intention of the grantor, which is to be gathered from the express terms of the deed; or, when it is silent as to the water right, from the presumption that arises from the circumstances, and whether such right is or is not incident to and necessary to the beneficial enjoyment of the land.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Frantz v. Bartels