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← 246 Ky. 121 - Cox v. Blaydes

Cox v. Blaydes’s Empirical Analysis

1932

Citation profile

15
cited by 15 later decisions
2
states following
December 1968
most recently cited

15 state decisions

How this case has been cited

Cited by 15 later decisions — most recently December 1968

15 state decisions

501932194019501960decided

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 Barnes v. City of Waco · Bridwell v. Beerman · Smith v. Fairfax · Snyder v. Carroll · Childers v. Groves

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

  1. ““The uninterrupted, continued, and unexplained use of a passway for 15 years or more raises the presumption that such use was under a claim of right and casts upon the owner of the servient estate the burden of showing that the use was merely permissive. Snyder v. Carroll, 203 Ky. 320 , 262 S.W. 290 ; Hatfield v. Skinner, 209 Ky. 586 , 273 S.W. 432 ; Barry v. Messmer, 203 Ky. 702 , 262 S.W. 1109 ; Purcell v. Brown, 208 Ky. 234 , 270 S.W. 819 ; Bridwell v. Beerman, 190 Ky. 227 , 227 S.W. 165 . And where the use of a passway has extended over a long period of years, slight evidence is sufficient to show that it was enjoyed as a matter of right. Childers v. Groves, 194 Ky. 790 , 240 S.W. 1057 ; Smith v. Fairfax, 180 Ky. 12 , 201 S.W. 454 ; Stewart v. Brumley (Ky.) 119 S.W. 798 . The prescriptive right to the use of a passway, once acquired, is not lost because it was closed or obstructed by the servient owner unless it be for such a time as to give such owner right thereto by adverse possession. Crigler v. Newman (Ky.) 91 S.W. 706 , 29 Ky. Law Rep. 27 .””
    1 later decision 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.