Rust v. Engledow’s Empirical Analysis
1963
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently January 2000
13 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 Othen v. Rosier · O'CONNOR v. Gragg · 53 Tex. Civ. App. 71 - Sassman v. Collins · Schultz v. Shatto · Fowler v. Matthews
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To establish an easement by prescription over the land of another, it must be shown that the use was open, notorious, hostile, adverse, uninterrupted, exclusive and continuous for a period of more than 10 years. A failure to prove any one of the essential elements is fatal. Mere user alone will not create an easement. Moreover, the use of the way is permissive and not adverse, as a matter of law, if the way is also used by the owner of the land, along with the adverse user. . . . ” Rust v. Engledow, 368 S.W.2d 635, 638 (Tex.Civ.App. Waco 1963, writ ref’d n.r. e.).”
1 later decision quote this exact passagee.g. Brooks v. Jones
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.