Kobayashi v. Strangeway’s Empirical Analysis

Citation profile

10 state decisions

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The question now before us is the extent to which our fencing statutes have abrogated, modified, or supplanted the common-law rule. There is no question but that these statutes require the owner of inclosed lands to fence against cattle and stock lawfully at large upon public highways, the public domain, or uninelosed private lands. But do they require an owner of inclosed private lands to provide a partition fence which shall he a lawful fence as defined in sections 4977 and 4978, supra (Rem. & Bal. Code), between his private inclosure and the adjoining private inclosure of his neighbor? In other words, is he required to allege and show his maintenance of such a partition fence sufficient to exclude his neighbor’s cattle as. a condition precedent to the right to recover damages resulting from their trespass? It is conceded no partition fence has been demanded, constructed, or maintained in the manner provided by the statute. This’ being true, we conclude the common-law rule applies as between the owners of the adjoining inclosures, and that its obligations -are imposed upon appellant, requiring him to restrain his cattle on his own land. His cattle were not upon the public highway, the public domain, or any uninclosed private land. On the contrary, they were turned into appellant’s inclosure at a time when no lawful partition fence had been constructed or maintained between his inclosure and that of the respondent. In this state parties owning adjoining inclosures may secur”

   1 later decision quote this exact passage
   e.g. Allen v. Allen

2. ““At common law, a tenant was not obliged to fence his close against his neighbors unless by prescription, and every person was, at his peril, bound to keep his cattle within his own close, being answerable' for damages resulting from their trespass upon' other lands, whether the latter were enclosed or unenclosed.”.”

   1 later decision quote this exact passage
   e.g. Edmonds v. Longview, Portland & Northern Railway Co.