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← 89 VT 233 - Phillips v. Cutler

Phillips v. Cutler’s Empirical Analysis

1915

Citation profile

6
cited by 6 later decisions
1
states following
June 1985
most recently cited

6 state decisions

How this case has been cited

Cited by 6 later decisions — most recently June 1985

6 state decisions

2019151920193019401950196019701980decided

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 Johnson v. Lewis · Clark v. Glidden · Ainsworth v. Stone · Occum Co. v. A. & W. Sprague Manufacturing Co. · Allen & Small v. Fiske

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

  1. “It is well settled in this State that when the owner of premises containing a spring orally permits the owner of other premises to take water from the spring to his land by means of an aqueduct laid to such spring, without receiving consideration and without express limitation of time, the taking of the water under this permission is by virtue of a license not revocable during the ordinary life of the aqueduct. Clark v. Glidden, 60 Vt. 702 , 15 Atl. 358 [1887]; Allen v. Fiske, 42 Vt. 462 [1869]; Ainsworth v. Stone, 73 Vt. 101 , 50 Atl. 805 [1901]. In these cases the licensee may repair the aqueduct as far as necessary to keep it usable, but not to the extent of renewing it. Clark v. Glidden, 60 Vt. 702, 711 , 15 Atl. 358 .... Under the rule established in this State, the right to the water will pass as appurtenant to the property benefited, and neither the death of the owner of the spring nor his conveyance of the land will operate as a revocation. See Ainsworth v. Stone, 73 Vt. 101 , 50 Atl. 805 ; Clark v. Glidden.”
    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.