Schlecht v. Schiel’s Empirical Analysis
1953
Citation profile
46 state decisions
How this case has been cited
Cited by 46 later decisions — most recently May 2018 · most notably Gaston v. Hunter (1978), Berry v. 352 E. Virginia, L.L.C. (2011)
46 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 Southern Pacific Co. v. Proebstel
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[H]e may not cast the natural flow of a stream onto the land of his neighbor who is under no duty or obligation to receive the same. Negligence, wilfulness, or wantonness are utterly immaterial to the right to recover compensatory damages if plaintiffs’ premises were not subject to an easement for the flow of the stream, and defendants did not divert the waters onto such premises as of right. The “wilfulness” required for recovery here is simply that the maintenance of the means of diversion be wilful, that it be the willed act of defendants; it is immaterial that they did or did not will the later damage that resulted.”
2 later decisions quote this exact passage“By the rule of invited error, one who deliberately leads the court to take certain action may not upon appeal assign that action as error.”
2 later decisions 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.