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← 762 So. 2d 29 - Griffith v. Cathey

762 So. 2d 29 - Griffith v. Cathey’s Empirical Analysis

2000

Citation profile

9
cited by 9 later decisions
1
states following
May 2012
most recently cited

9 state decisions

Relationships

Relies on 549 So. 2d 840 - Rosell v. Esco · 617 So. 2d 880 - Stobart v. State Through DOTD · 625 So. 2d 1002 - Lasha v. Olin Corp. · McGuffy v. Weil · Buras Ice Factory, Inc. v. Department of Highways

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

  1. “Art. 742. Acquisitive prescription The laws governing acquisitive prescription of immovable property apply to apparent servitudes. An apparent servitude may be acquired by peaceable and uninterrupted possession of the right for ten years in good faith and by just title; it may also be acquired by uninterrupted possession for thirty years without title or good faith.”
    3 later decisions quote this exact passage
  2. “The owner of an estate that has no access to a public road may claim a right of passage over neighboring property to the nearest public road. He is bound to indemnify his neighbor for the damage he may occasion.”
    2 later decisions quote this exact passage
  3. “Predial servitudes are disfavored by the law and any doubts are resolved against the creation of the servitude. The Louisiana Supreme Court articulated this principle in Palomeque v. Prudhomme, 95-725, p. 7 (La.11/27/95); 664 So.2d 88 , 93: Predial servitudes are in derogation of public policy because they form restraints on the free disposal and use of property. Therefore, servitudes are not entitled to be viewed with favor by the law and can never be sustained by implication. Buras Ice Factory[,] Inc. v. Dept. of Hwys. of La., 235 La. 158 , 103 So.2d 74, 80 (1958); Gravolet v. Bd. of Commissioners, 598 So.2d 1231, 1234 (La.App. 4th Cir.1992); see also, 1 DOMAT, THE CIVIL LAW IN ITS NATURAL ORDER, tit. XII, sec. 1, at 435 (Strahan, trans., Cushing ed., 2d ed. 1861). Any doubt as to the existence, extent or manner of exercise of a predial servitude must be resolved in favor of the servient estate. La.Civ. Code art. 730; McGuffy v. Weil, 240 La. 758 , 125 So.2d 154, 158 (1960).”
    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.