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← 759 So. 2d 851 - Smith v. Cutts

759 So. 2d 851 - Smith v. Cutts’s Empirical Analysis

2000

Citation profile

5
cited by 5 later decisions
1
states following
April 2018
most recently cited

5 state decisions

Relationships

Relies on 712 So. 2d 62 - Aucoin v. State Through Dept. of Transp. and Dev. · 514 So. 2d 664 - Tide Craft, Inc. v. Red Ball Oxygen Co. · 620 So. 2d 954 - Eubanks v. STATE, DOTD · Simon v. Southwest Louisiana Electric Membership Corp. · State v. Seabrea

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

  1. “Although a proprietor may do with his estate whatever he pleases, still he cannot make any work on it, which may deprive his neighbor of the liberty of enjoying his own, or which may be the cause of any damage to him.”
    2 later decisions quote this exact passage
  2. “Damages are difficult to assess in a case like this. What is worth to be driven from home? What mental anguish is occasioned by observing your home overrun by sewage? What disruption of your life would be caused by the odor of raw or partially raw sewage at your door? You cannot invite people to your home. Your children cannot invite friends to the home. What emotional toll would it take for you to clean and reclean your driveway and patio, knowing the future would bring more of the same.”
    1 later decision quote this exact passage
  3. “[l]acking an exact estimate of damages, he was free to base his conclusions on the facts and circumstances particular to the case.”
    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.