Bush v. Duff’s Empirical Analysis
1988
Citation profile
12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently July 2017
12 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 Leo Sheep Co. v. United States · Johnson v. Soulis · McGuire v. McGuire · 3 Ill. 2d 454 - Kling v. Ghilarducci · Johnson v. Aetna Casualty & Surety Co. of Hartford
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In 3 R. Powell, The Law of Real Property Ch. 34, 1410 at 61-66 (1985), the author explains a common-law way of necessity or, as it is sometimes called, an easement by necessity: "A transfer of an interest in land sometimes gives rise to cireumstances which justify the implication that an easement must necessarily have been granted or reserved by the grantor. * * * When an owner of land conveys to another an inner portion thereof, which is entirely surrounded by lands owned by the conveyor, or by the conveyor plus strangers, a right of access across the retained land of the conveyor is normally found. * * * Thus, unless a contrary intent is inescapably manifested, the conveyee is found to have a right-of-way across the retained land of the conveyor for ingress to, and egress from, the landlocked parcel." Such a common-law way of necessity does not constitute a taking subject to constitutional restraints found in Art. 1, §§ 32 and 83 of the Constitution of the State of Wyoming because the common law presumes that the grant of ingress and egress from land conveyed by the owner of the servient estate was intended by the parties. Snell v. Ruppert, Wyo., 541 P.2d 1042 (1975); 3 R. Powell, The Law of Real Property, supra, Ch. 34, ¶ 410 at 61-68. The rule of the common law is that a way of necessity goes with the land constituting the dominant estate, and no payment of additional compensation is contemplated.”
1 later decision quote this exact passage“The viewers and appraisers so appointed ... shall make a report to the county commissioners ... and if the commissioners are satisfied that such report is just, and after payment by the applicant of all costs of locating such road, and the damages assessed by the viewers, the commissioners shall order such report to be confirmed and declare such road to be a private road, and the same shall be recorded as such.”
1 later decision quote this exact passage“the statute ... grants the power and authority to establish a private road to the county commissioners in the respective counties. Those pro ceedings are administrative in nature and a function of the executive department of government.”
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.