Simon Ex Rel. Simon v. Pettit’s Empirical Analysis
1982
Citation profile
2 federal appellate · 5 district · 3 state decisions
How this case has been cited
Cited by 10 later decisions — most recently February 2020
2 federal appellate · 5 district · 3 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 Clarke v. Clarke · Papst v. Hamilton · Boullioun v. Constantine · Plaza v. Flak · O'Connell v. Chicago Terminal Transfer Railroad
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.
“"[W]here the land is vacant and unoccupied and remains free to public use and travel until circumstances induce the owner to enclose it, the mere travel across it, without objection from the owners, does not enable the public to acquire a public road or highway over the same. Such use by the public of vacant and unoccupied land by travel over it, even after the period of twenty years, is regarded merely as a permissive use." Simon, 651 P.2d at 420 (quoting O'Connell v. Chicago Terminal Transfer Railroad Co., 184 Ill. 308 , 56 N.E. 355, 357 (1900)). Since the parties had stipulated that the defendants' property was "vacant, undeveloped and unenclosed," the court of appeals concluded that the public's use of the footpaths was permissive and that, consequently, no public highway or road had been established.”
2 later decisions quote this exact passage“(1) The following are declared to be public highways: * * * * * * (c) All roads over private lands that have been used adversely without interruption or objection on the part of the owners of such lands for twenty consecutive years....”
2 later decisions quote this exact passage“does some act, or suffers some act to be done, by way of asserting his ownership over the land thus used. In other words, there must be something more than mere travel over unenclosed lands by the public, in order to establish a public highway over the same by prescription.”
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.