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← 43 CAL2D 13 - People v. Thompson

People v. Thompson’s Empirical Analysis

1954

Citation profile

75
cited by 75 later decisions
4
states following
October 2015
most recently cited

3 federal appellate · 68 state decisions

How this case has been cited

Cited by 75 later decisions — most recently October 2015 · most notably People v. Loop (1954), City of Pleasant Hill v. First Baptist Church (1969)

3 federal appellate · 68 state decisions

3001954196019701980199020002010decided

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 23 Cal. 2d 390 - People v. Ricciardi · People v. Ocean Shore Railroad, Inc. · People v. La MacChia · City of Oakland v. Pacific Coast Lumber & Mill Co. · 99 Cal. App. 240 - East Bay Municipal Utility District v. Kieffer

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

  1. “By taking or accepting land for a highway, the public acquire[s] only the right-of-way, and the incidents necessary to enjoying and maintaining the same, subject to the regulations in this and the Civil Code provided.”
    2 later decisions quote this exact passage
  2. “It is clear that, as ruled by the trial court, the deed, read as a whole and in the light of former section 2631 and the decisions construing and applying that section, was intended to and did convey only an easement. Numerous cases have recognized that while that section was in effect the public by acquiring land for a highway acquired only the rights described in such section. (See Wright v. Austin (1904), 143 Cal. 236, 238-240 [ 76 P. 1023 , 101 Am.St.Rep. 97 , 65 L.R.A. 949 ]; Gurnsey v. Northern Cal. Power Co. (1911), 160 Cal. 699, 705 [ 117 P. 906 , 36 L.R.A. N.S. 185]; Olaine v. McGraw (1913), 164 Cal. 424, 428 [ 129 P. 460 ]; Porter v. City of Los Angeles (1920), 182 Cal. 515, 519 [ 189 P. 105 ]; City of Oakland v. Schenck (1925), 197 Cal. 456, 461 [ 241 P. 545 ]; City of Burlingame v. Norberg (1930), 210 Cal. 105, 108 [ 290 P. 587 ]; People v. Olsen (1930), 109 Cal.App. 523, 532 [ 293 P. 645 ]; People v. Church (1943), 57 Cal.App.2d Supp. 1032, 1055 [ 136 P.2d 139 ].)”
    1 later decision quote this exact passage
  3. “To apply the quoted language of the Las Posas case to the present situation would require us to refuse to give effect to the plain provision of former section 2631 of the Political Code that 'By taking or accepting land for a highway, the public acquire only the right of way, and the incidents necessary to enjoying and maintaining the same. ...' [Italics by the court.] Obviously, if that section is applicable at all it is applicable here; it was, indeed, an idle enactment if it meant merely that the public acquired only a right of way for a highway when the deed expressly conveyed only a right of way for a highway. ... In the present case we hold that the court ... correctly determined that the deed in question conveyed only an easement, and that any contrary implications in the Las Posas case ... must be disapproved.”
    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.