State v. Homar’s Empirical Analysis

Citation profile

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

1. “The rights of the easement holder in another's land are determined by the purpose and character of the easement. Bard Ranch Co. v. Weber, 557 P.2d 722, 731 (Wyo.1976). The manner in which the easement is used does not become frozen at the time of grant. Id. An easement for a road or a highway does not limit its use to. the movement of vehicles. Uses related to traffic movement are within the seope of the easement. The grant of a public road easement embraces every reasonable method of travel over, under and along the right-of-way. - Herold v. Hughes, 141 W.Va. 182 , 90 S.E.2d 451, 458 (1955). Thus, the running of power and telephone lines above the ground and pipelines underneath do not increase the burden on the servient estate and are permissible uses. E.g., Bentel v. County of Bannock, 104 Idaho 130 , 656 P.2d 1383 (1983); Fisher v. Golden Valley Elec. Ass'n, Inc., 658 P.2d 127 (Alaska1983). See W.S. 1-26-813.[ 6 ] The reason underlying this policy is that the services and products these conveyances provide may change from earlier times when they were provided by messengers and freight wagons. Change was contemplated and must be accommodated in an advancing society. Thus, overhead transmission lines and underground pipelines are simply technologically advanced adaptations of traditional highway uses. Fisher, 658 P.2d at 129 .”

   1 later decision quote this exact passage
   e.g. Box L Corp. v. Teton County ex rel. Board of County Commissioners

2. “The fact that all parties filed motions for summary judgment does not require the trial court to grant any of the motions and preclude the need for a trial,. 10A Wright, Miller & Kane, Federal Practice and Procedure: Civil 2d $ 2720, pp. 16-25 (1988). Second, the denial of a summary judgment motion is not reviewable as it is not a final order. Kimbley v. City of Green River, 663 P.2d 871, 888 (Wyo.1983); see W.R.A.P. 1.04 and 1.05. Thus, our review of a grant of a summary judgment motion is the same whether the review is of a grant of the first motion filed or of a cross-motion. See, e.g., Stratman v. Admiral Beverage Corp., 760 P.2d 974 (Wyo.1988). The propriety of the court's granting the Homars' motion for summary judgment is reviewed in this appeal.”

   1 later decision quote this exact passage
   e.g. Braunstein v. Robinson Family Ltd. Partnership LLP

3. “to lay out, construct, inspect, operate and maintain a road for the use of the public....”

   1 later decision quote this exact passage
   e.g. Box L Corp. v. Teton County ex rel. Board of County Commissioners