388 So. 2d 933 - Born v. Exxon Corp.’s Empirical Analysis
1980
Citation profile
1 district · 13 state decisions
How this case has been cited
Cited by 18 later decisions — most recently March 2015
1 district · 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 369 So. 2d 523 - Borland v. Sanders Lead Co., Inc. · Rushing v. Hooper-McDonald, 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘For an indirect invasion to amount to an actionable trespass, there must be an interference with plaintiffs exclusive possessory interest; that is, through the defendant’s intentional conduct, and with reasonable foreseeability, some substance has entered upon the land itself, affecting its nature and character, and causing substantial actual damage to the res. For example, if the smoke or polluting substance emitting from a defendant’s operation causes discomfort and annoyance to the plaintiff in his use and enjoyment of the property, then the plaintiffs remedy is for nuisance; but if, as a result of the defendant’s operation, the polluting substance is deposited upon the plaintiff’s property, thus interfering with his exclusive possessory interest by causing substantial damage to the res, then the plaintiff may seek his remedy in trespass, though his alternative remedy in nuisance may co-exist.’ ””
3 later decisions quote this exact passage“cause some 'substance' or 'thing' to enter upon”
3 later decisions quote this exact passage““ ‘One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally “ ‘... [ejnters land in the possession of another, or causes a thing or a third person to do so.... [[Image here]] [[Image here]] “ ‘... It is enough that an act is done with knowledge that it will to a substantial certainty result in the entry of the foreign matter.’ ””
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.