Menger v. Pass’s Empirical Analysis
1951
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently November 2016
18 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 Pennsylvania Co. v. Sun Co. · Perrin's App. Bd. of Adjustment's App. · Phillips v. Donaldson · Edmunds v. Duff · Essick v. Shillam
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When owners of real estate in a residential area desire to preserve their neighborhood in an unchanged condition, they must secure appropriate zoning ordinances or be protected by building restrictions. In the absence of zoning ordinances or restrictions any citizen may purchase real estate in the area and use it for any lawful purpose. This is his constitutional right. However, in so us ing the premises he must not create a nuisance, which affects health, safety or morals. In judicially determining whether a nuisance exists, many uses, by them very natures, incontrovertibly constitute nuisances in a residential district which will be so decreed as [a] matter of law. The existence of other nuisances must be established by testimony as in other cases.... ‘Because certain types of business, by the necessary incidents of their normal operation, deleteriously affect the health and comfort of the community, their establishment in residential districts has been held to constitute a nuisance as a matter of law.’”
1 later decision quote this exact passage““The purpose of the tourist court is to rent rooms by the night to transients. There will be a parking place for approximately 25 ears. Nearly that number are likely to be there almost every night of the year. Some guests will come in the late afternoon, leave again for dinner and come back. Some will arrive in the early evening, but some undoubtedly will arrive later. The lights to attract them will be on until 11:30. If there are vacancies in the court, motorists will be received later. Some of those who stop are bound to leave early in the morning, some later. Oar doors will bang, not only to permit passengers to leave and enter the vehicle, but also to remove the luggage, and often again for the forgotten package. Trunks too will bang. And a certain amount of loud talk during the unloading — the ‘don’t forget’ variety of calls from the cabin door to the parked ear — is inevitable.””
1 later decision quote this exact passagee.g. Pierro v. Baxendale
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.