Maricle v. Hines’s Empirical Analysis
1952
Citation profile
10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently November 2016
10 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 Wiesel v. Smira · Ladies' Benev. Soc. of Beaumont v. Magnolia Cemetery Co. · McKeon v. Brammer · Williams v. Kuykendall · Boone v. City of Stephenville
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The authorities are uniform that a prescriptive right is not favored by the law but all elements of use and enjoyment must concur and be shown in order to create an easement by prescription. “For a prescriptive right to be successfully asserted, it must be shown that the use * * * was open and notorious, that it was with the knowledge of the owner of the servient estate, and that it was hostile, adverse, uninterrupted, exclusive and continuous for a period of more than ten years. A failure to prove any one of the essential elements is fatal. Mere user alone will not create an easement. Bretzke v. Gode, Tex.Civ.App., 289 S.W. 111 ; Williams v. Kuykendall, Tex.Civ.App., 151 S.W. 629 .””
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.