Etz v. Mamerow’s Empirical Analysis
1951
Citation profile
3 district · 29 state decisions
How this case has been cited
Cited by 34 later decisions — most recently October 2011 · most notably Ammer v. Arizona Water Co. (1991), Siler v. Arizona Department of Real Estate (1998)
3 district · 29 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 Larue v. Kosich · Langazo v. San Joaquin Light & Power Corp. · Pinkerton v. Pritchard · Wessels v. Colebank · Callan v. Walters
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An allegation of exclusive possession is wholly inconsistent with the theory of establishing an easement. The right to possess, to use and enjoy land upon which an easement is claimed, remains in the owner of the fee except insofar as the exercise of such right is inconsistent with the purpose and character of the easement ... Thus it will be seen that an action to establish an easement does not involve possession or occupation of the land. It does not involve the enjoyment of the premises except to the extent of the use claimed under the easement. It does not disturb the legal title of the premises except as it is limited by the character of the easement. It does not involve dominion over the premises except that which is necessary for the enjoyment of the use.”
2 later decisions quote this exact passage“"The prevailing principle seems to be that while a way may be acquired by user [sic ] or prescription by one person over the unenclosed land of another, mere use of the way for the required time is not, as a general rule, sufficient to give rise to the presumption of a grant. Hence, generally some circumstance or act in addition to, or in connection with, the use of the way, tending to indicate that the use of the way was not merely permissive is required to establish a right by prescription.””
1 later decision quote this exact passage“The rights of any person having an easement in the land of another are measured and defined by the purpose and character of the easement; and the right to use the land remains in the owner of the fee so far as such right is consistent with the purpose and character of the easement. The servient estate will not be burdened to a greater extent than was contemplated or intended at the time of the creation of the easement.”
1 later decision quote this exact passagee.g. Hunt v. Richardson
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.