Potts v. Burnette’s Empirical Analysis
1981
Citation profile
93 state decisions
How this case has been cited
Cited by 93 later decisions — most recently March 2018 · most notably Smith v. Price (1986), West v. Slick (1985)
93 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 Kelly v. International Harvester Company · Dickinson v. Pake · Summey v. Cauthen · Clark v. Bodycombe · Daughtry v. Turnage
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) that the use is adverse, hostile or under claim of right; (2) that the use has been open and notorious such that the true owner had notice of the claim; (3) that the use has been continuous and uninterrupted for a period of at least twenty years; and (4) that there is substantial identity of the easement claimed throughout the twenty-year period.”
13 later decisions quote this exact passage“[t]here must be some evidence accompanying the user which tends to show that the use is hostile in character and tends to repel the inference that it is permissive and with the owner's consent.”
4 later decisions quote this exact passage“it [is] the better-reasoned view to place the burden of proving every essential element . . . on the party who is claiming against the interests of the true owner.”
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.