Hurst v. Ricard’s Empirical Analysis
1987
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently February 2012
9 state decisions
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 488 So. 2d 982 - Soverign Ins. Co. v. Texas Pipe Line Co. · Dufrene v. Bernstein · City of New Orleans v. Joseph Rathborne Land Co. · Administrators of Tulane Educational Fund v. Stair · Ramos Lumber & Mfg. Co. v. Sanders
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The polar star in all [boundary] controversies ... should be, if it can be seen, the intention of the parties. Of course, there are certain well-recognized rules, both in the statute law and jurisprudence, which serve as bearing signs in ascertaining such intention when it is otherwise obscure. Among these are that when persons own property on either side of a nonnavigable stream, which is designated as the boundary, the center or thread of such water course is considered the dividing line; and where one owning property on both sides sells a part, referring to the stream as boundary, the ownership extends to the thread, unless it clearly appears otherwise that a different purpose was intended. There are also such rules as that natural or fixed monuments, such as water courses, hills, trees, etc., prevail over artificial guides such as posts, courses, distances, quantity, etc., fixed and ascertained by human agency. However, none of these is absolutely controlling. The duty of a court is, as stated above, to determine if possible, the intention of the parties. Adm’rs Tulane Educational Fund v. Stair et al., 148 La. 11 , 86 South. 595 [ (1920) ].’ ””
1 later decision quote this exact passage““In resolving boundary disputes, this court has consistently recognized that the principal judicial duty and objective is to determine and implement the intention of the parties and that the rules of interpretation set forth in statutes and jurisprudence must be considered as auxiliary rather than as absolutely controlling. City of New Orleans v. Joseph Rathborne Land Co., 209 La. 93 , 24 So.2d 275 (1945); Dufrene v. Bernstein, 190 La. 66 , 181 So. 859 (1938); Nattin v. Glassell, 156 La. 423 , 100 So. 609 (1924); Williams v. Baughman, 477 So.2d 734 (La.App. 1st Cir.), cert. denied, 479 So.2d 921 (La.1985); Hester v. Smith, 72 So.2d 549 (La.App. 2d Cir.1954); Sharpless v. Adkins, 22 So.2d 692 (La.App.2d Cir.1945).”
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.