68 Cal. App. 2d 843 - Ball v. Stephens’s Empirical Analysis
1945
Citation profile
10 federal appellate · 35 state decisions
How this case has been cited
Cited by 53 later decisions — most recently January 2014 · most notably Southern Utah Wilderness Alliance v. Bureau of Land Management (2005), 101 Cal. App. 4th 278 - Western Aggregates, Inc. v. County of Yuba (2002)
10 federal appellate · 35 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 Todhunter v. Smith · Schwerdtle v. County of Placer · City of Venice v. Short Line Beach Land Co. · McKee v. Dodd · Harding & Loftin v. Jasper
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.
“Prior to the issuance of Public Land Order No. 601 ..., nearly all public roads in Alaska were protected only by easements. Right-of-way easements were acquired under section 2477 of the Revised Statutes ( 43 U.S.C. sec. 932 ) by the construction of roads. This section granted a right-of-way for the construction of highways over public lands not reserved for public uses. Section 2 of the Act of January 27, 1905 ( 33 Stat. 616 ), incorporated with amendments into 48 U.S.C. secs. 321-323 , established a Board of Road Commissioners in the then Territory of Alaska to function under the jurisdiction of the Secretary of War. This section provided: “Sec. 2. * * * The said board shall have the power, and it shall be their duty, upon their own motion or upon petition, to locate, lay out, construct, and maintain wagon roads and pack trails * * *. The said board shall prepare maps, plans, and specifications of every road or trail they may locate and lay out, * * Section 3 of the Act of August 24, 1912 ( 37 Stat. 512 , 48 U.S.C. secs. 23 and 24), under which Alaska was organized as a Territory, provided that the authority of the legislature of the Territory should not extend to certain statutes of the United States including the Act of January 27, 1905, supra, and the several acts amendatory thereof. Section 2 of the Act of June 30, 1932 ( 47 Stat. 446 , 48 U.S.C. sec. 321a), provides: “Sec. 2. The Secretary of the Interior shall execute or cause to be executed all laws pertaining to the”
3 later decisions quote this exact passage“The travel over the road prior to 1928 was irregular but that was due to the nature of the country and to the fact that only a limited number of people had occasion to go that way. However, many people used the road for different purposes. The use of the route by hunters, vacationists, miners and oil operators which brought the road into existence was a public use. Travel was not merely occasional; it was in our opinion substantial and sufficient to prove acceptance of the offer of the government of the right of way and to constitute it a highway by dedication under the state laws.”
2 later decisions quote this exact passage“[t]he route was used first as a trail, later by horse-drawn vehicles, and went through a gradual process of occasional improvement and use until it became a road suitable for automobiles and trucks”
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.