Pardue v. Smith’s Empirical Analysis
2007
Citation profile
9
cited by 9 later decisions
1
states following
May 2018
most recently cited
9 state decisions
Relationships
Relies on Thacker v. Wentzel · 152 Ind. App. 570 - Aldon Builders, Inc. v. Kurland · Nelson v. Marchand · Helmuth v. Distance Learning Systems Indiana, Inc. · Wampler v. Tusing
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.
“An analysis of the two theories demonstrates that a claim for an easement by necessity and a claim for an easement by prior use, while similar in origin, are separate and distinct claims. An easement of necessity will be implied only when there has been a severance of the unity of ownership of a tract of land in such a way as to leave one part without any access to a public road. On the other hand, an easement of prior use will be implied "where, during the unity of title, an owner imposes an apparently permanent and obvious servitude on one part of the land in favor of another part and the servitude is in use when the parts are severed ... if the servitude is reasonably necessary for the fair enjoyment of the part benefited." Hysell v. Kimmel , 834 N.E.2d 1111 , 1114 (Ind. Ct. App. 2005), trans. denied . Unlike a landowner requesting an easement by necessity, a landowner requesting an easement by prior use does not need to show absolute necessity. The focus of a claim for an easement by prior use is the intention for continuous use, while the focus of a claim for an easement by necessity is the fact of absolute necessity.”
2 later decisions quote this exact passage“Nor may a party raise a new issue on appeal under the cloak of evidence relevant to a similar, yet distinct issue that was properly pled before the trial court.”
2 later decisions quote this exact passage“[A] party may not change its theory on appeal and argue an issue that was not properly presented to the trial court.”
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.