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← 36 CAL2D 710 - Owsley v. Hamner

Owsley v. Hamner’s Empirical Analysis

1951

Citation profile

64
cited by 64 later decisions
10
states following
June 2011
most recently cited

4 district · 60 state decisions

How this case has been cited

Cited by 64 later decisions — most recently June 2011 · most notably 24 Cal. 4th 830 - Apartment Ass'n of L.A. Cty. Inc. v. City of Los Angeles (2001), 37 Cal. 2d 644 - Hocking v. Title Insurance & Trust Co. (1951)

4 district · 60 state decisions — followed in 10 states

2001951196019701980199020002010decided

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 Cave v. Crafts · 35 Cal. 2d 5 - Fristoe v. Drapeau · 4 Cal. 2d 1 - Bellon v. Silver Gate Theatres, Inc. · Cheda v. Bodkin · Harrelson v. Miller & Lux Inc.

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

  1. “Plaintiffs contend that the evidence does not establish that the ways and patio are necessary to make the leased premises tenantable or for the enjoyment of the premises, and, therefore, they do not constitute easements appurtenant by implication. The law is not, however, that for such easements to be implied, they must be absolutely necessary or such as to make the leased property tenant-able. The prevailing test, as stated in Bellon v. Silver Gate Theatres, Inc., quoted supra, is whether they are “reasonably necessary for the beneficial enjoyment of the property leased.” [Citations omitted.] The same test has been held proper in implied easements arising from a conveyance, as distinguished from a lease, of property.”
    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.