68 N.C. App. 331 - Woodward v. Cloer’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Pendergrast . . . was a dispute between private landowners[.] . . . In the instant case, however, the interference with the drainage of surface waters is attributed not to a private landowner but to an entity possessing the power to appropriate private property for public use. Where the interference with surface waters is effected by such an entity, the principle of reasonable use articulated in Pendergrast is superseded[.]”

   1 later decision quote this exact passage
   e.g. Lakeview Condominium Association v. Village of Pinehurst

2. “Analytically, a cause of action for unreasonable interference with the flow of surface water causing substantial damage is a private nuisance action, with liability arising where the conduct of the landowner making the alterations in the flow of surface water is either (1) intentional and unreasonable or (2) negligent, reckless or in the course of an abnormally dangerous activity.”

   1 later decision quote this exact passage
   e.g. Lakeview Condominium Association v. Village of Pinehurst

3. “[t]here is no indication in the Pendergrast opinion that the court meant to apply the reasonable use rule to surface water drainage problems not arising under a nuisance theory.”

   1 later decision quote this exact passage
   e.g. Lakeview Condominium Association v. Village of Pinehurst