Sakansky v. Wein’s Empirical Analysis

Citation profile

5 federal appellate · 2 district · 54 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The use which the plaintiff [owner of the dominant estate] may make of the way is limited by the bounds of reason, but within those bounds it has the unlimited right to travel over the land set apart for a way. It has no right to insist upon the use of any other land of the defendants [owners of the servient estate] for a way, regardless of how necessary such other land may be to it, and regardless of how little damage or inconvenience such use of the defendants’ land might occasion to them. No more may the defendants [owners of the servient estate] compel the plaintiff to detour over other land of theirs.” (Emphasis provided)”

   1 later decision quote this exact passage
   e.g. Davis v. Bruk

2. “In this state the respective rights of dominant and servient owners are not determined by reference to some technical and more or less arbitrary rule of property law as expressed in some ancient maxim,... but are determined by reference to the rule of reason. The application of this rule raises a question of fact to be determined by consideration of all the surrounding circumstances. . . .”

   1 later decision quote this exact passage
   e.g. Cote v. Eldeen

3. ““The rule of reason is a rule of interpretation. Its office is either to give a meaning to words which the parties or their predecessors in title have actually used, ... or else to give a detailed definition to rights created by general words either actually used or whose existence is implied by law.””

   1 later decision quote this exact passage
   e.g. Nadeau v. Town of Durham