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← 933 P2D 495 - Weiss v. Pedersen

Weiss v. Pedersen’s Empirical Analysis

1997

Citation profile

19
cited by 19 later decisions
1
states following
November 2023
most recently cited

19 state decisions

How this case has been cited

Cited by 19 later decisions — most recently November 2023

19 state decisions

1401997200020102020decided

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 Reno Livestock Corp. v. Sun Oil Co.(Delaware) · Bard Ranch Company v. Weber · Weber v. Johnston Fuel Liners, Inc. · Willowbrook Ranch, Inc. v. Nugget Exploration, Inc. · Rialto Theatre, Inc. v. Commonwealth Theatres, Inc.

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

  1. “In the absence of anything to refute them, we will sustain the trial court's findings, and we assume that the evidence presented was sufficient to support those findings.”
    5 later decisions quote this exact passage
  2. “"landowner claiming an easement by pre-seription in an unimproved road crossing the lands of his neighbor must assume the burden of establishing that his intention to make a hostile use of the road adverse to the interests of his neighbor was brought home to the neighbor in a clear and unequivocal way. His subjective intent will not be considered material, and while it is likely true that a manifestation of his hostile and adverse intent will result in revocation of permission to use the road across the neighbor's land, this is the best posture for the law to assume in the State of Wyoming. The claimant cannot rely upon a presumption [of hostile and adverse use] arising out of the open, notorious, continuous and uninterrupted use for the pres-eriptive period, but in the absence of more that use will be presumed to have been with permission. To rebut this presumption the claimant must introduce evidence of the facts which demonstrate the manner in which the hostile and adverse nature of his use was brought home to the owner of the adjacent land."”
    2 later decisions quote this exact passage
  3. “The appellants argue that, under Shumway v. Tom Sanford, Inc., 637 P.2d 666 (Wyo.1981), they are entitled to a presumption that their use of the roadway was adverse. The appellants misread the Shumway case. In that case, this Court recognized that our prior decisions were inconsistent with regard to whether, in establishing prescriptive easements, a presumption existed that the use was hostile or a presumption existed that the use was permissive. 637 P.2d at 669 .”
    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.