State ex rel. Phillips v. Smith’s Empirical Analysis
1950
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently December 2004
11 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 Dill v. Board of Education · Boyd v. Hunt · Kuecken v. Voltz · Woods v. Bonner · 42 Tex. Crim. 1 - Rankin v. State
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a* * * With reference to what will constitute abandonment in an easement, the Supreme Court, in the case of Boyd v. Hunt, 102 Tenn. 495, 499 , 52 S.W. 131 , said: ‘Further, that mere nonuser will not amount to an abandonment which will impair or defeat an. easement * * *. The failure to use must be accompanied by some act of the owner of the dominant estate clearly indicating his purpose to set up no further claim in order to work abandonment. Washb. Easem. [& Ser.] pp. 707-717. In Dill v. Board of Education, 47 N.J. Eq. 421 , 20 A. 739 , 10 L.R.A. 276 , it was held that nonuse alone, for any length of time, will not extinguish an easement created by express grant, and that to accomplish this result there must be nonuse accompanied by ‘ some conduct on the part of the owner of the servient tenement ' adverse to and defiant of the easement, and the nonuse must be the result of it.’ See also, Woods v. Bonner, 89 Tenn. 411 , 18 S.W. 67 , Phy v. Hatfield, 122 Tenn. 694 , 126 S.W. 105 ; Smelcer v. Rippetoe, 24 Tenn.App. 516 , 147 S.W.2d 109 . * * * It may be that in' years to come the state will require an additional portion of the right-of-way in order to ' widen the pavement. If so, the area will be available. In the meantime, under its general power to control its highways, the state has authority to authorize any use of the right-of-way consistent with the purpose of the highway and not in derogation of the rights of the public or those of the abutting landowners. ’ ’”
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.