Purvis v. Busey’s Empirical Analysis

Citation profile

44 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Harbison v. Campbell , 178 Ala. 243 , 59 So. 207 , it was said that nonuser short of the time of prescription does not operate as a discontinuance of a public road. We have not rested our conclusion here on that statement for here, unlike the Harbison case, supra, there has been a substitution of one road for another and there is respectable authority for the proposition that when such is the case there can be abandonment by non-use for a period short of the time of prescription. But we leave a decision of that question to await a case where such a decision is necessary.”

   2 later decisions quote this exact passage
   e.g. 340 So. 2d 775 - Davis v. Linden · 442 So. 2d 927 - Floyd v. Indus. Development Bd. of City of Dothan

2. ““Where a road is shown to be a public road, a private individual is entitled to an injunction against encroachment or obstruction thereon when he has sustained special damages different, not merely in degree, but in kind from that suffered by the public at large. Sandlin v. Blanchard, 250 Ala. 170 , 33 So.2d 472 .””

   1 later decision quote this exact passage
   e.g. McCullar v. Conner

3. “The general rule is to the effect that the public acquires an easement only in the highways, the fee of the land remaining in the owner, subject to the easement.”

   1 later decision quote this exact passage
   e.g. 957 So. 2d 1096 - Town of Elmore v. Town of Coosada