598 So. 2d 438 - Barr v. Smith’s Empirical Analysis
1992
Citation profile
9 state decisions
How this case has been cited
Cited by 11 later decisions — most recently November 2018
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 Hale v. Gerace · Young v. International Paper Co. · 328 So. 2d 69 - Dean v. Hercules Incorporated · Money Shack, Inc. v. Martin · 529 So. 2d 374 - Butler v. Baber
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]o allow a defendant to simply pay for the extent of a neighbor's property which has been damaged may establish a poor precedent. Such a result would allow a property owner to do as he will with his property in order to reap major economic benefit, since any damage to neighboring property can be remedied by the payment of a sum that is relatively nominal when the gain involved is considered. In summary, while we are concerned by the parallel between the instant circumstances and those of Day v. Warren, [ 524 So.2d 1383 (La.App. 1st Cir.1988)], it appears that the instant violation may be susceptible of being remedied relatively inexpensively. Because we cannot be certain from this record, we are remanding primarily for the trial court to determine the simplest remedy and order that the defendant accomplish same if it is reasonable within the context of the case.... Should the trial court determine that there is no reasonable method of repair, the court should ... render damages for... more extensive mental anguish damages (representing the continuing nature of defendant's encroachment), and for the value of the land harmed or reasonably expected to be harmed by virtue of continuing erosion.”
1 later decision quote this exact passage“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. (Emphasis added.) Art. 3493. Damage to immovable property; commencement and accrual of prescription When damage is caused to immovable property, the one year prescription commences to run from the day the owner of the immovable acquired, or should have acquired, knowledge of the damage.”
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.