Shuggars v. Brake’s Empirical Analysis
1967
Citation profile
2 district · 32 state decisions
How this case has been cited
Cited by 34 later decisions — most recently September 2018 · most notably Chevy Chase Land Co. v. United States (1999), 108 Md. App. 117 - Hoffman v. UNITED IRON AND METAL COMPANY, INC. (1996)
2 district · 32 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 Condry v. Laurie · Dalton v. Real Estate & Improvement Co. · Wilson v. Waters · Potomac Edison Co. v. Routzahn · Lichtenberg v. Sachs
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““By adverse is meant a user, without license or permission, for an adverse right of an easement cannot grow out of a mere permissive enjoyment, the real point of distinction being between a permissive or tolerated user, and one which is claimed as a matter of right. Where one, however, has used a right of way for twenty years unexplained, it is but fair to presume the user is under a claim of right, unless it appears to have been by permission. In other words, the use of a way over the lands of another whenever one sees fit, and without asking leave, is an adverse use, and the burden is upon the owner of the land, to show that the use of the way was by license or contract inconsistent with a claim of right.””
2 later decisions quote this exact passage · from the majority“An easement may not be lost unless there is some act clearly and unequivocally indicating an intention to abandon it, and mere non-user is not enough.”
2 later decisions quote this exact passage · from the majority“That the road was not often used ... during the nine-year period was attributable to the fact that she no longer lived on the parcel of land. To say that the owner had abandoned the use under the existing circumstances would be tantamount to saying that she had abandoned the land.”
1 later decision quote this exact passage · from the majority
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.