Boyd v. McDonald’s Empirical Analysis
1965
Citation profile
32 state decisions
How this case has been cited
Cited by 34 later decisions — most recently May 2024 · most notably Herrera v. Roman Catholic Church (1991), Sowers v. Forest Hills Subdivision (2013)
32 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 13 Wash. 2d 75 - Northwest Cities Gas Co. v. Western Fuel Co. · Owsley v. Hamner · Rischall v. Bauchmann · Marshall v. Martin · Keats v. Hugo
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We emphasize that an easement by implication is, in effect, an easement created by law. It is grounded in the court’s decision that as to a particular transaction in land, the owner of two parcels had so used one to the benefit of his other that, on selling the benefited parcel, a purchaser could reasonably have expected, without further inquiry, that these benefits were included in the sale.””
4 later decisions quote this exact passage“the three essential characteristics of an easement by implication are (1) unity of title and subsequent separation by a grant of the dominant tenement; (2) apparent and continuous user; and (3) the easement must be necessary to the proper or reasonable enjoyment of the dominant tenement”
3 later decisions quote this exact passage“There is wide variance as to the degree of necessity required, though the weight of modern authority only requires “reasonable necessity.” On examination, we feel an even preferable standard is to construe necessity as really meaning “intent.” “The reason that absolute necessity is not essential is because fundamentally such a grant by implication ‘depends on the intention of the parties as shown by the instrument and the situation with reference to the instrument, and it is not strictly the necessity of [the easement] that creates it.”’ 2 Thompson, Real Property, Perm. Ed., § 337, p. 84 . . . .”
1 later decision quote this exact passagee.g. Jackson v. Nash
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.