5 N.C. App. 46 - Davis v. Cahoon’s Empirical Analysis
1969
Citation profile
8 state decisions
Relationships
Relies on Midgett v. North Carolina State Highway Commission · Phillips v. Chesson · Johnson v. City of Winston-Salem · Hocutt v. Wilmington & Weldon R. R. · Supervisor & Commissioners of Pickens County v. Jennings
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.
““The surface of the earth is naturally uneven, with inequality of elevation. The upper and lower holdings are taken with a knowledge of these natural conditions, and the privilege or easement of the upper tenant to carry off the surface water in its natural course, under reasonable limitations, and the sub-serviency of the lower tenant to this easement are the natural incidents to the ownership of the soil. The lower surface is doomed by nature to bear this servitude to the superior and must receive the water that falls on and floius from the latter.” (Emphasis added).”
1 later decision quote this exact passage““It is well established that while neither a corporation nor an individual can divert water from its natural course”
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.