9 Wash. 2d 369 - Rogers v. Cation’s Empirical Analysis
1941
Citation profile
10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently December 2018
10 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 Ellis v. Bassett · Skansi v. Novak · Berlin v. Robbins · Doherty v. . Matsell · Peoples Savings Bank v. Frank Bufford
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Unity of title and subsequent separation is an absolute requirement. The second and third characteristics are aids to construction in determining the cardinal considerationthe presumed intention of the parties as disclosed by the extent and character of the user, the nature of the property, and the relation of the separated parts to each other.”
2 later decisions quote this exact passage“Easements by implication arise where property has been held in a unified title, and during such time an open and notorious servitude has apparently been impressed upon one part of the estate in favor of another part, and such servitude, at the time that the unity of title has been dissolved by a division of the property or a severance of the title, has been in use and is reasonably necessary for the fair enjoyment of the portion benefited by such use. The rule, then, is, that upon such severance, there arises, by implication of law, a grant of the right to continue such use.”
1 later decision quote this exact passage“the presumed intention of the parties, is the prime factor in determining whether an easement by implication has been created”
1 later decision quote this exact passagee.g. MacMeekin v. Lihi
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.