Rowell v. Turnage’s Empirical Analysis
1993
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently November 2016
11 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 McDonald v. Board of Mississippi Levee Commissioners · 611 So. 2d 949 - Broadhead v. Terpening · Lindsey v. SHAW, ET UX. · Quin v. Sabine · Sumrall v. United Gas Pipe Line Co.
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.
“A "way of necessity" is an "easement" arising from an implied grant or implied reservation, and it is the result of the application of the principle that whenever a person conveys property, he conveys whatever is necessary for the beneficial use of that property, and retains whatever is necessary for the beneficial use of the land he still possesses. (citations omitted) In Lindsey v. Shaw, 210 Miss. 333, 340 , 49 So.2d 580, 584 (1950), this Court held: Where private right of way exists, the owners of the dominant and servient tenements must each use the way in such a manner as not to interfere with one another's utilization thereof. Feld v. Young Men's Hebrew Association, 208 Miss. 451 , 458, 44 So.2d 538 [1950].”
1 later decision quote this exact passage“While it is true that the owner of an easement obtained by grant or prescription has the implied right to work the land to keep it in a reasonably useable condition for its intended purpose, the easement owner cannot lawfully take dominant possession and deal with,the land upon which [the] easement exists as if he were the owner of the land.”
1 later decision quote this exact passage“may erect gates or bars across a way provided they are so located, constructed, and maintained as not unreasonably to interfere with the right of passage and they are necessary for the preservation and use of the servient estate.”
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.