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← 49 UTAH 243 - Morris v. Blunt

Morris v. Blunt’s Empirical Analysis

1916

Citation profile

32
cited by 32 later decisions
1
states following
August 2019
most recently cited

2 federal appellate · 30 state decisions

How this case has been cited

Cited by 32 later decisions — most recently August 2019 · most notably Culbertson v. Board of County Commissioners (2001), 18 Utah 2d 140 - Bonner v. Sudbury (1966)

2 federal appellate · 30 state decisions

7019161920193019401950196019701980199020002010decided

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 The President Recorder and Trustees of the City of Cincinnati v. The Lessee of Edward White · Morgan v. Railroad Co. · Paine v. . Chandler · Wells v. . Garbutt · Scott v. Moore

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

  1. ““A ‘thoroughfare’ is a place or way through which there is passing or travel. It becomes a ‘public thoroughfare’ when the public have a general right of passage. Under this statute the highway, even though it be over privately owned ground, will be deemed dedicated or abandoned to the public use when the public has continuously used it as a thoroughfare for a period of ten years, but such use must he by the public. Use under private right is not sufficient. If the thoroughfare is laid out or used as a private way, its use, however long, as a private way does not make it a public way; and the mere fact that the public also make use of it, without objection from the owner of the land, will not make it a public way. Before it becomes public in character the owner of the land must consent to the change. Elliott, Roads and Streets, No. 5.””
    1 later decision quote this exact passage · from the majority
  2. ““(1) Unity of title followed by severance; “ (2) That at the time of the severance the servitude was apparent, obvious, and visible; “(3) That the easement is reasonably necessary to the enjoyment of the dominant estate; and “ (4) It must usually be continuous and self-acting, as distinguished from one used only from time to time when occasion arises.””
    1 later decision quote this exact passage · from the majority
  3. ““A highway shall be deemed to have been dedicated and abandoned to the use of the public when it has been continuously used as a public thoroughfare for a period of ten years.””
    1 later decision quote this exact passage · from the majority

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.