Fischer v. Revett’s Empirical Analysis

Citation profile

5 state decisions

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

1. “"A mere temporary or provisional arrangement, however, which may have been adopted by the owner for the more convenient enjoyment of the estate, can not constitute the degree of necessity or perma-neney which would authorize the engraft-ing upon a deed, by construction, of a right to the enjoyment of something not within the lines described. * * *# * * * Whether the continuance of the previous use is indispensable to the future enjoyment of the estate granted in the condition it was in when severed, the practicability and effect of new adjustments, and the expense involved in making them, while not conclusive, may properly be taken into account, not for the purpose of determining the necessity of a continuance of the use, but to illustrate the degree of probability that the purchaser, as a reasonable man, took the conveyance with the expectation that the existing use would be continued."”

   1 later decision quote this exact passage
   e.g. Reed v. Luzny

2. “authorize the engrafting upon a deed, by construction, of a right to the enjoyment of something not within the lines described.”

   1 later decision quote this exact passage
   e.g. Hysell v. Kimmel