Wareing v. Schreckendgust’s Empirical Analysis
1996
Citation profile
91 state decisions
How this case has been cited
Cited by 91 later decisions — most recently September 2025 · most notably State v. Partin (1997), Brimstone Mining, Inc. v. Glaus (2003)
91 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 Interstate Production Credit Ass'n v. Desaye · Public Lands Access Ass'n v. Boone & Crockett Club Foundation, Inc. · Warnack v. Coneen Family Trust · Marriage of Barron v. Barron · Lemont Land Corp. v. Rogers
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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] finding is 'clearly erroneous' when, although there file:///C|/Documents%20and%20Settings/cu1046/Desktop/opinions/97-336%20Opinion.htm (3 of 6)4/18/2007 1:57:15 PM 97-336 is evidence to support it, a review of the record leaves the court with the definite and firm conviction that a mistake has been committed.”
4 later decisions quote this exact passage · from the majority““[c]lear and convincing proof is simply a requirement that a preponderance of the evidence be definite, clear, and convincing, or that a particular issue must be clearly established by a preponderance of the evidence or by a clear preponderance of proof. This requirement does not call for unanswerable or conclusive evidence. The quality of proof, to be clear and convincing, is somewhere between the rule in ordinary civil cases and the requirement of criminal procedure — that is, it must be more than a mere preponderance but not beyond a reasonable doubt.””
2 later decisions quote this exact passage · from the majority“The right of the Plaintiffs [Warnack], heirs, successors, assigns and agents to use the primary road easement should be on foot, horseback, and all ordinary modern means of transportation for purpose of access to their lands, construction of a residence and outbuildings as necessary, all for agricultural purposes. Additionally, Plaintiffs have a right to access their property for hunting, fishing, camping and recreation. It is the conclusion of the Court that the easement is governed by the character and extent of its use during the period requisite to acquire .it and that the easement can not [sic] exceed the use which Plaintiffs and their predecessors made of it during the prescriptive period. This grants Plaintiffs an absolute right to access their property over the primary easement for all agricultural purposes, as well as hunting and fishing recreational purposes. It does not grant an easement for purposes of logging, mineral extraction or exploration, or subdividing of the real property. Such uses of the prescriptive easement would increase the burden on the servient landowners. None of the parties are hereby prohibited from placing gates or cattle guards on their respective properties but if locks are placed on gates, keys or combinations, as necessary, shall be provided to Plaintiffs and their agents.”
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.