Castner v. Riegel’s Empirical Analysis
1892
Citation profile
3
cited by 3 later decisions
2
states following
December 1950
most recently cited
2 state decisions
Relationships
Relies on Bronson v. Coffin · Rust v. Low · Glidden v. Towle · Adams v. . Van Alstyne · Knox v. Tucker
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““That an obligation to maintain partition fences might arise by prescription which could be enforced by the writ curia clauáenda at common law, does not admit of doubt. This right was said by Gale & Whatley to be a spurious kind of easement. Gale & W. Easm. 201, 202. The easement seems to be founded upon the duty which at common law required the owner of a close, at his peril, to keep his cattle thereon, and to prevent them from trespassing on an adjoining close, and when the owner of the latter erected a fence for his protection and maintained it for the prescriptive period, he was deemed to have discharged his neighbor from his original duty and to have become bound to "protect his own close by some grant or agreement, the evidence of which was lost by lapse of time. But in whatever way the right; arose there can be no question that it did arise by prescription at common law.””
1 later decision quote this exact passage · from the majority““When for a period of over twenty years the owner of one of two adjoining tracts had continuously, without interruption and as of duty, repaired and maintained, the whole of the division fence, in my judgment a presumption would arise that he or those under whom he derived title were, as owners of a servient tenement, bound to perpetually make and maintain the fence. The existence of a former and lost agreement to do so may he inferred, and no other inference would he consistent with the circumstances.””
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.