Pickel v. Cornett’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Where the use of a pass way has extended over a long period of years, very slight evidence will be sufficient to show that it was enjoyed under a claim of right; and when the owner of the servient estate undertakes to close the passway, the burden is on him to show that the use was merely permissive and to explain away the presumption that its uninterrupted enjoyment for more than 15 years was exercised under a claim of right.’ “As to the question of the use being under claim of right, the evidence shows that no request for permission to use the pass-way was ever made and so far as the plaintiff, Holman, is concerned, no protest against its use was ever made to him. Easements, such as the one in issue in this case, are founded on acquiescence and this record shows an acquiescence on the part of the owners of defendant’s property for a period of at least 20 years in the use of this pass-way for the purpose of the removal of tobacco sold on plaintiff’s loose-leaf floors.””

   1 later decision quote this exact passage · from the majority
   e.g. Lyle v. Holman

2. ““It is true that the use must be under a claim of right or adverse. But it was written in the case of Pickel v. Cornett supra as follows: “ ‘Where the claimant has shown such long continued use, it will be presumed the use was under a claim of right, and the burden is upon the owner of the servient estate to show that the use was merely permissive.’”

   1 later decision quote this exact passage · from the majority
   e.g. Lyle v. Holman