Salmon v. Peterson’s Empirical Analysis
1981
Citation profile
3 state decisions
Relationships
Relies on In Re Estate of Hobelsberger · Gorton v. Schofield · Ulrick v. Dakota Loan & Trust Co. · 109 Ga. App. 712 - Paul v. Bailey · 38 Ill. App. 3d 345 - First National Bank & Trust Co v. Universal Mortgage & Realty Trust
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he consequences of 'holding otherwise would be that where a land-owner had made an excavation in his land, and thereby removed the lateral support to which his neighbor is entitled, but had built a solid retaining wall to prevent subsidence, which, during his ownership, prevented it, and had then sold his land to another and that other to others, and, owing to a subsequent owner—it might well be fifty years after— permitting the retaining wall to decay and no longer to answer the purpose for which it was constructed, with the result that his neighbor's land has subsided, he would be liable to answer in damages for the injury, and the man whose failure to keep up the retaining wall was the effective cause of the injury would go scot free, and that too where the subsidence would not have occurred if the retaining wall had been kept in repair.'”
1 later decision quote this exact passage“"[We] are of opinion [sic] that the burden of providing lateral support to the plaintiff's land in its natural condition is one of continued support running against the ser-vient land."”
1 later decision quote this exact passage“the present owner of the land and the retaining wall had the continuing duty to maintain the wall so that it would provide continuing lateral support”
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.