Lippincott v. Harvey’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““to a servitude which he resists, and insists that he never bought subject to. It is a burdensome and very prejudicial servitude; and, to fasten it on the appellee’s land in favor of the vendors, there should be clearer proof of its unequivocal reservation than we can find in this case. “The rule is laid down in numerous authorities that, where the servitude is a burdensome one, only strict necessity will raise the implication of its reservation. ‘Great convenience is not enough.’ 2 Wait’s Actions and Defences, 668-9-70, and authorities there cited. Mitchell vs. Seipel, 53 Md. 251 . It would be very convenient, beyond a doubt, for the appellants to have a perpetual right of way and outlet in what is called ‘Sutton avenue’ on the plat; but it is manifestly not a way of necessity.... [T]o grant the prayer of [appellant’s] of their bill would inflict great and lasting injury upon the appellee and bind him to a condition and situation as respects to his lots which he did not contemplate when he purchased.... [T]he appellee [grantee] holds the lots he purchased discharged of the claim which the appellants [grantors] have set up.””

   1 later decision quote this exact passage · from the majority
   e.g. Calvert Joint Venture 140 v. Snider