Thomas v. England’s Empirical Analysis
1886
Citation profile
1 district · 59 state decisions
How this case has been cited
Cited by 64 later decisions — most recently July 1986 · most notably 1 Cal. 3d 679 - Taormino v. Denny (1970), Clarke v. Clarke (1901)
1 district · 59 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 Unger v. Mooney · Anaheim Water Co. v. Semi-Tropic Water Co. · Corning v. Gould · Bradley's Fish Co. v. Dudley
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To perfect an easement by occupancy for five years, the enjoyment must be adverse, continuous, open, peaceable. “It must be adverse, and under claim of a legal right so to do, and not by the consent, permission, or indulgence merely of the owner of the alleged servient estate. “This is quite obvious in cases where the consent, permission, or license is expressly given. “But it is no less true where the permission or license is implied, as it may well be from the facts and circumstances under which the use was enjoyed. (Bradley Fish Co. v. Dudley, 37 Conn. 136 .) “The question is one for the jury, or for a court sitting as such, to determine as a fact in the light of the relations between the parties and all the surrounding circumstances. (Putnam v. Bowker, 11 Cush. 542 .)” (Italics ours.)”
1 later decision quote this exact passage““(1) The possession must be by actual occupation, open and notorious, not clandestine. (2) It must be hostile to the plaintiff’s title. (3) It must be held under a claim of title, exclusive of any other right, as one’s own. (4) It must be continuous and uninterrupted for a period of five years prior to the commencement of the action. (5) Since the passage of the proviso to section 325 of the Code of Civil Procedure, in 1878, payment of taxes.””
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.