Evers v. Willaby’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he rule is that in effecting a reasonable use for a legitimate purpose a landowner, acting in good faith, may drain his land of surface waters and cast them as a burden upon the land of another, although such drainage carries with it some waters which would otherwise have never gone that way * * * jf (a) [t]here is a reasonable necessity for such drainage; (b) [r]easonable care be taken to avoid unnecessary injury to the land receiving the burden; (c) [t]he utility or benefit accruing to the land drained reasonably outweighs the gravity of the harm resulting to the land receiving the burden; (d) [w]here practicable, it is accomplished by reasonably improving and aiding the normal and natural system of drainage according to its reasonable carrying capac- • ity, or if, in the absence of a practicable natural drain, a reasonable and feasible artificial drainage system is adopted.”

   1 later decision quote this exact passage
   e.g. Kral v. Boesch