Public-domain · open source
OpenJurist
← 329 F.2d 629 - Smith v. deFreitas

Smith v. deFreitas’s Empirical Analysis

329 F.2d 629 · 1964

Citation profile

14
cited by 14 later decisions
July 2014
most recently cited

5 federal appellate · 2 district ·

How this case has been cited

Cited by 14 later decisions — most recently July 2014

5 federal appellate · 2 district ·

70196419701980199020002010decided

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 Klein v. Dove · 172 Cal. App. 2d 285 - Haley v. Los Angeles County Flood Control District · Ellis v. Bassett · Gerald Park Improvement Assn. v. Bini · Kurz v. Blume

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. “Likewise if the land retained by the grantor is surrounded by the land conveyed and the land of strangers, the law implies the reservation by the grantor of a way of necessity over the land conveyed. It has also been held at common law that the necessity for the way is not limited to an absolute physical necessity and that it is enough to warrant the implication of a way of necessity to show that the way is reasonably necessary”
    1 later decision quote this exact passage · from the majority
  2. ““For under the common law when land is conveyed by a description which refers to a plan or map on which an abutting way is shown an easement therein is implied in the conveyance and deemed a part of the property to which the grantee is entitled, and neither the grantor nor any person claiming under him may repudiate the easement or deny that it exists, if it is capable of existence.” (citations omitted.)”
    1 later decision quote this exact passage · from the majority
  3. “Likewise if the land retained by the grantor is surrounded by the land conveyed and the land of strangers, the law implies the reservation by the grantor of a way of necessity over the land conveyed.”
    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.