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← 363 SO2D 747 - System Fuels, Inc. v. Barnes

System Fuels, Inc. v. Barnes’s Empirical Analysis

1978

Citation profile

5
cited by 5 later decisions
3
states following
October 2002
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently October 2002

5 state decisions

201978198019902000decided

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 Copiah Dairies, Inc. v. Addkison · Sears, Roebuck & Co. v. Creekmore · Mississippi Power Co. v. Harrison · Chevron Oil Co. v. Snellgrove · Long v. MAGNOLIA HOTEL CO.

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

  1. “As a general rule the measure of damages in actions for permanent injury to land where there is no willful trespass is the difference in value in the before-and-after damage to the premises. We have called attention to this rule repeatedly. Waggener v. Leggett, 246 Miss. 505 , 150 So.2d 529 (1963); Union Producing Co. v. Pittman, 245 Miss. 427 , 146 So.2d 553 (1962). See also 87 C.J.S. Trespass s 117 (1954). It is also true that where the land, or buildings located on the property, has been damaged but the property may be restored to its former condition at a [cost] less than the value determine by the diminution of the value of the land, the cost of restoration of the property, plus compensation for the loss of its use, may be the measure of damages. Mississippi Power Co. v. Harrison, 247 Miss. 400 , 152 So.2d 892 (1963); Copiah Dairies, Inc. v. Addkison, 247 Miss. 327 , 153 So.2d 689 (1963); Broadhead v. Gatlin, 243 Miss. 386 , 137 So.2d 909 (1962); Long v. Magnolia Hotel Co., 236 Miss. 655 , 111 So.2d 645 , sugg. of error 236 Miss. 655 , 114 So.2d 667 (1959); Sears, Roebuck & Co. v. Creekmore, 199 Miss. 48 , 23 So.2d 250 (1945); Yorkshire Ins. Co. v. Brewer, 175 Miss. 538 , 166 So. 361 (1936); Bowyer & Johnson Const. Co. v. White, 5 Cir., 255 F.2d 482 (1958). This rule, however, is usually confined to the introduction of evidence to show a reduction, and not an increase, of damages above the diminution in value of the land resulting from the injury. * * * ( 253 Miss. at 36”
    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.