Posey v. Dove’s Empirical Analysis
1953
Citation profile
2 federal appellate · 49 state decisions
How this case has been cited
Cited by 53 later decisions — most recently June 2007 · most notably Kennedy v. Bond (1969), Brooks v. Tanner (1984)
2 federal appellate · 49 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 Stambaugh v. Hayes · 23 Cal. 2d 849 - Hannah v. Pogue · Bradbury v. Vandalia Levee & Drainage District · Semerjian v. Stetson · Canavan v. Canavan
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. * * * ” (Emphasis ours.)”
1 later decision quote this exact passage · from the majoritye.g. Luvaul v. Holmes““ ‘As the right to the ditch or other artificial watercourse is an easement, no change can be made against the landowner over whose land the ditch passes that is burdensome to the servient tenement, or that changes the character of the servitude; as moving a ditch to a new place, or enlarging it. Even if the enlargement or change would benefit the servient estate, the owner thereof has a right to be his own judge of whether he will permit it.’ ””
1 later decision quote this exact passage · from the majoritye.g. Marjon v. Quintana“"A reasonable inference may be defined as a process of reasoning whereby, from facts admitted or established by the evidence, or from common knowledge or experience, a reasonable conclusion may be drawn that a further fact is established. * * * * * * "An inference is not a supposition or a conjecture, but is a logical deduction from facts proved * * * and guess work is not a substitute therefor."”
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.