Fec v. Mickail’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The only support for Appellant’s position is in the testimony of Anna Fee, who was seventy years old at the time of the trial, that she and her husband has used the pathway because they had been told by their predecessors in title that they were “permitted” to do so. To rebut this argument, it would suffice to point out that: (1) Mrs. Fee is not an attorney and certainly did not intend to speak of “permission” in the legal sense, and (2) the information as to “permission” was conveyed to them by the previous owners of their property, not the owners of the servient land. Aside from these two points, however, Mrs. Fee did testify, on cross-examination, that they used the pathway because they felt they had a right to use it. Q. You relied on what Marsicos told you, and from what Marsicos told you, you felt you had a right to use it, is that right? A. Yes. Q. Whoever owned it didn’t interfere, is that right? A. No. Q. Until 1945. After 1945, did you continue using it when somebody told you you shouldn’t? A. Because nobody tried to stop me, I figured I had the right. I was told after 21 years that I had a right to use the driveway, that nobody can bar the gate to the driveway after 21 years.” (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. 21 Pa. D. & C.3d 462 - Genoa v. Liberatoschioli