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← 38 N.M. 361 - Phillips v. Allingham

Phillips v. Allingham’s Empirical Analysis

1934

Citation profile

19
cited by 19 later decisions
5
states following
January 1991
most recently cited

19 state decisions

How this case has been cited

Cited by 19 later decisions — most recently January 1991

19 state decisions

801934194019501960197019801990decided

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. · Sparhawk v. Union Passenger Railway Co. · Manorville Borough v. Flenner. · Rhodes v. Dunbar · Julian v. Golden Rule Oil 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Where it is sought to enjoin an anticipated nuisance, it must be shown (a) that the proposed construction or the use to be made of property will be a nuisance per se; (b) or that, while it may not amount to a nuisance per se, under the circumstances of the case a nuisance must necessarily result from the contemplated act or thing. * * * The injury must be actually threatened, not merely anticipated; it must be practically certain, not merely probable.”
    1 later decision quote this exact passage
  2. ““It is well settled that a court of equity may enjoin a threatened or anticipated nuisance, public or private, where it clearly appears that a nuisance will necessarily result from the contemplated act or thing which it is sought to enjoin.””
    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.