Claybrook v. Murphy’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Unless the grant of an easement expressly provides that the owner of the servient estate may erect and maintain fences, he cannot erect fences across or within the way so as to obstruct it entirely. The right of the owner of the servient estate to erect and maintain bars and gates across an easement way depends upon the intention of the parties connected with the original creation of the easement, as shown by the terms of the grant, its purposes, nature, and situation of the property, and the manner in which the way has been used and occupied.”

   1 later decision quote this exact passage
   e.g. Bedard v. Scherrer