English rule in Utah

14 Utah opinions name it 1 courts 1896–2023 1 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Graham v. Walkergreen conn · 1905 · cited in 1 Utah opinions naming this issue, 2023–2023 2 sentences 2023ELY, JR., THE LAW OF EASEMENTS AND LICENSES IN LAND § 6:2 (updated March 2023) (“The doctrine [of easement by custom] has long been generally regarded as inapplicable in the United States.” (cleaned up)); Graham v. Walker, 78 Conn. 130 , 61 A. 98, 99 (Conn. 1905) (“This court has never affirmed the recognition by our law of personal rights of way or other easements resting on local custom.”); Bell v. Town of Wells, 557 A.2d 168, 179 (Me. 1989) (“Very few American states recognize the English doctrine of public easements by local custom.”); Ackerman v. Shelp, 8 N.J.L. 125, 130 (N.J. 1825) (stat 2023ELY, JR., THE LAW OF EASEMENTS AND LICENSES IN LAND § 6:2 (updated March 2023) (“The doctrine [of easement by custom] has long been generally regarded as inapplicable in the United States.” (cleaned up)); Graham v. Walker, 78 Conn. 130 , 61 A. 98, 99 (Conn. 1905) (“This court has never affirmed the recognition by our law of personal rights of way or other easements resting on local custom.”); Bell v. Town of Wells, 557 A.2d 168, 179 (Me. 1989) (“Very few American states recognize the English doctrine of public easements by local custom.”); Ackerman v. Shelp, 8 N.J.L. 125, 130 (N.J. 1825) (stat	1	1
Bell v. Town of Wellsgreen me · 1989 · cited in 1 Utah opinions naming this issue, 2023–2023 2 sentences 2023ELY, JR., THE LAW OF EASEMENTS AND LICENSES IN LAND § 6:2 (updated March 2023) (“The doctrine [of easement by custom] has long been generally regarded as inapplicable in the United States.” (cleaned up)); Graham v. Walker, 78 Conn. 130 , 61 A. 98, 99 (Conn. 1905) (“This court has never affirmed the recognition by our law of personal rights of way or other easements resting on local custom.”); Bell v. Town of Wells, 557 A.2d 168, 179 (Me. 1989) (“Very few American states recognize the English doctrine of public easements by local custom.”); Ackerman v. Shelp, 8 N.J.L. 125, 130 (N.J. 1825) (stat 2023ELY, JR., THE LAW OF EASEMENTS AND LICENSES IN LAND § 6:2 (updated March 2023) (“The doctrine [of easement by custom] has long been generally regarded as inapplicable in the United States.” (cleaned up)); Graham v. Walker, 78 Conn. 130 , 61 A. 98, 99 (Conn. 1905) (“This court has never affirmed the recognition by our law of personal rights of way or other easements resting on local custom.”); Bell v. Town of Wells, 557 A.2d 168, 179 (Me. 1989) (“Very few American states recognize the English doctrine of public easements by local custom.”); Ackerman v. Shelp, 8 N.J.L. 125, 130 (N.J. 1825) (stat	1	1
Dority v. Doritygreen utah · 1982 · cited in 1 Utah opinions naming this issue, 1983–1983 2 sentences 1983Dority v. Dority, Utah, 645 P.2d 56, 59 (1982) (citations omitted). 1983Dority v. Dority, Utah, 645 P.2d 56, 59 (1982) (citations omitted).	1	1
Gower v. Watersgreen me · 1926 · cited in 1 Utah opinions naming this issue, 1969–1969 2 sentences 1969See annotation in 45 A.L.R. at 309. 1969See annotation in 45 A.L.R. at 309.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (20)

Case	Cited	Years
Solem v. Helm red scotus · 1983 2 sentences 2015Id. at 285–86. 78 Cite as: 2015 UT 36 A.C.J. 2015Id. at 285-86, 103 S.Ct. 3001 . ¶ 173 The Solem majority, like the dissent in this case, infra ¶ 215, also cited Blackstone in support of its conclusion that the Eighth Amendment incorporated a principle of proportionality.	2	2015–2015
Wharf v. Wharf green ill · 1922 2 sentences 1955Cultra v. Cultra, 188 Tenn. 506 , 221 S.W.2d 533 ; Wharf v. Wharf, 306 Ill. 79 , 137 N.E. 446 . 1955Cultra v. Cultra, 188 Tenn. 506 , 221 S.W.2d 533 ; Wharf v. Wharf, 306 Ill. 79 , 137 N.E. 446 .	2	1955–1955
Cultra v. Cultra green tenn · 1949 2 sentences 1955Cultra v. Cultra, 188 Tenn. 506 , 221 S.W.2d 533 ; Wharf v. Wharf, 306 Ill. 79 , 137 N.E. 446 . 1955Cultra v. Cultra, 188 Tenn. 506 , 221 S.W.2d 533 ; Wharf v. Wharf, 306 Ill. 79 , 137 N.E. 446 .	2	1955–1955
Hirtz v. State of Tex. green txsd · 1991 2 sentences 2023ELY, JR., THE LAW OF EASEMENTS AND LICENSES IN LAND § 6:2 (updated March 2023) (“The doctrine [of easement by custom] has long been generally regarded as inapplicable in the United States.” (cleaned up)); Graham v. Walker, 78 Conn. 130 , 61 A. 98, 99 (Conn. 1905) (“This court has never affirmed the recognition by our law of personal rights of way or other easements resting on local custom.”); Bell v. Town of Wells, 557 A.2d 168, 179 (Me. 1989) (“Very few American states recognize the English doctrine of public easements by local custom.”); Ackerman v. Shelp, 8 N.J.L. 125, 130 (N.J. 1825) (stat 2023ELY, JR., THE LAW OF EASEMENTS AND LICENSES IN LAND § 6:2 (updated March 2023) (“The doctrine [of easement by custom] has long been generally regarded as inapplicable in the United States.” (cleaned up)); Graham v. Walker, 78 Conn. 130 , 61 A. 98, 99 (Conn. 1905) (“This court has never affirmed the recognition by our law of personal rights of way or other easements resting on local custom.”); Bell v. Town of Wells, 557 A.2d 168, 179 (Me. 1989) (“Very few American states recognize the English doctrine of public easements by local custom.”); Ackerman v. Shelp, 8 N.J.L. 125, 130 (N.J. 1825) (stat	1	2023–2023
Ted Hirtz, John M. Arrington, Catherine Cash, John Posey, and Edward Holland v. The State of Texas, Defendant-Appellee-Appellant green ca5 · 1992 2 sentences 2023Tex. 1991), vacated on other grounds, 974 F.2d 663 (5th Cir. 1992) (“Although the dry beach is frequently privately owned, it is burdened with an easement in the public for access and enjoyment. 2023Tex. 1991), vacated on other grounds, 974 F.2d 663 (5th Cir. 1992) (“Although the dry beach is frequently privately owned, it is burdened with an easement in the public for access and enjoyment.	1	2023–2023
State v. Houston green utah · 2015 1 sentence 2015Id. at 285–86. 78 Cite as: 2015 UT 36 A.C.J.	1	2015–2015
State v. Houston green utah · 2015 1 sentence 2015Id. at 285–86. 78 Cite as: 2015 UT 40 A.C.J.	1	2015–2015
Purity Biscuit Co. v. Industrial Commission green utah · 1949 2 sentences 1986Six years later in Purity Biscuit Co. v. Industrial Commission, 115 Utah 1 , 201 P.2d 961 (1949), this Court explicitly adopted the English rule for the definition of an accident and awarded benefits to a claimant who unexpectedly injured his back while stepping on the brake pedal of a delivery truck a usual and ordinary activity. 1986Six years later in Purity Biscuit Co. v. Industrial Commission, 115 Utah 1 , 201 P.2d 961 (1949), this Court explicitly adopted the English rule for the definition of an accident and awarded benefits to a claimant who unexpectedly injured his back while stepping on the brake pedal of a delivery truck a usual and ordinary activity.	1	1986–1986
State v. Marks green utah · 1898 2 sentences 1936The court further said, “Doubtless * * * the question was asked with a view to disparage the witness and affect her credibility. * * * The Court in its discretion, may permit disparaging questions to be asked, but when they are irrelevant to the issue [we assume even though they may be relevant to credibility] it is not error to exclude them.” It was stated in Rex v. Pitcher, 1 Car. & P. 85, that the English rule is given to be that “In Practice the asking of questions to degrade the witness is regulated by the discretion of the learned Judge in each particular case.” State v. Marks, 16 Utah 2 1936The court further said, “Doubtless * * * the question was asked with a view to disparage the witness and affect her credibility. * * * The Court in its discretion, may permit disparaging questions to be asked, but when they are irrelevant to the issue [we assume even though they may be relevant to credibility] it is not error to exclude them.” It was stated in Rex v. Pitcher, 1 Car. & P. 85, that the English rule is given to be that “In Practice the asking of questions to degrade the witness is regulated by the discretion of the learned Judge in each particular case.” State v. Marks, 16 Utah 2	1	1936–1936
Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co. green ariz · 1931 2 sentences 1935R. 1385, and the recent case of Maricopa, County, etc., v. Southwest Cotton Co., 39 Ariz. 65 , 4 P. (2d) 369 . 1935R. 1385, and the recent case of Maricopa, County, etc., v. Southwest Cotton Co., 39 Ariz. 65 , 4 P. (2d) 369 .	1	1935–1935
Johnson v. Johnson neutral · 1908 2 sentences 1927The English doctrine of riparian rights has been repeatedly held not applicable to this country, especially as to navigable, nontidal rivers and lakes, since such rivers and lakes did not exist in England.” In Calahan v. Price, 26 Idaho 745 , 146 P. 732 , the Idaho Court, overruling Johnson v. Johnson, 14 Idaho 561 , 95 P. 499 , 24 L. 1927The English doctrine of riparian rights has been repeatedly held not applicable to this country, especially as to navigable, nontidal rivers and lakes, since such rivers and lakes did not exist in England.” In Calahan v. Price, 26 Idaho 745 , 146 P. 732 , the Idaho Court, overruling Johnson v. Johnson, 14 Idaho 561 , 95 P. 499 , 24 L.	1	1927–1927
Callahan v. Price green idaho · 1915 2 sentences 1927The English doctrine of riparian rights has been repeatedly held not applicable to this country, especially as to navigable, nontidal rivers and lakes, since such rivers and lakes did not exist in England.” In Calahan v. Price, 26 Idaho 745 , 146 P. 732 , the Idaho Court, overruling Johnson v. Johnson, 14 Idaho 561 , 95 P. 499 , 24 L. 1927The English doctrine of riparian rights has been repeatedly held not applicable to this country, especially as to navigable, nontidal rivers and lakes, since such rivers and lakes did not exist in England.” In Calahan v. Price, 26 Idaho 745 , 146 P. 732 , the Idaho Court, overruling Johnson v. Johnson, 14 Idaho 561 , 95 P. 499 , 24 L.	1	1927–1927
Smith v. . City of Brooklyn green ny · 1899 2 sentences 1921The opinion then cites, as supporting the reasonable use rule, Smith v. City of Brooklyn, 160 N. Y. 357 , 54 N. E. 787 , 45 L. 1921The opinion then cites, as supporting the reasonable use rule, Smith v. City of Brooklyn, 160 N. Y. 357 , 54 N. E. 787 , 45 L.	1	1921–1921
Black v. Pate green ala · 1900 2 sentences 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 . 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 .	1	1916–1916
Gilleland v. Schuyler green · 1872 2 sentences 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 . 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 .	1	1916–1916
Sharp v. McIntire neutral colo · 1896 2 sentences 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 . 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 .	1	1916–1916
Dean v. State ex rel. Miller neutral neb · 1898 2 sentences 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 . 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 .	1	1916–1916
Lauer v. Estes green cal · 1898 2 sentences 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 . 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 .	1	1916–1916
Hill v. Howell green wash · 1912 2 sentences 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 . 1916Mr. McCrary’s statement is supported by the following cases: Gilleland v. Schuyler, 9 Kan. 569 -583; Sharp v. McIntire, 23 Colo. 99 , 46 Pac. 115 ; Dean v. State, 56 Neb. 301 , 76 N. W. 555 ; Berry v. Hull, 6 N. M. 643, 30 Pac. 936 ; Black v. Pate, 130 Ala. 514 , 30 South. 434 ; Bauer v. Estes, 120 Cal. 652 , 53 Pac. 262 ; Hill v. Howell, 70 Wash. 603 , 127 Pac. 211 .	1	1916–1916
Warren v. Board of Registration neutral mich · 1888 2 sentences 1896In several of the cases, where the courts felt constrained to follow their former rulings, bolding tbe journals competent, regret is expressed that a different rule bad not prevailed.” Warren v. Board (Mich.), 40 N. W. 553 ; State v. Young, 32 N. J. 1896In several of the cases, where the courts felt constrained to follow their former rulings, bolding tbe journals competent, regret is expressed that a different rule bad not prevailed.” Warren v. Board (Mich.), 40 N. W. 553 ; State v. Young, 32 N. J.	1	1896–1896

Where else courts name it

NY 153 (1800–2018) PA 69 (1835–2024) IL 68 (1849–2017) TX 58 (1855–2024) CA 58 (1859–2025) MD 54 (1891–2016) NJ 50 (1864–2021) MO 47 (1857–2008) AL 44 (1834–2014) VA 40 (1835–2009) NC 37 (1882–1981) GA 37 (1848–2024) OH 35 (1831–2022) IN 33 (1842–2019) MI 33 (1874–2023) IA 31 (1867–2022) FL 29 (1855–2022) KY 28 (1868–2025) TN 26 (1875–2017) RI 24 (1851–2016) OR 23 (1888–2017) AZ 22 (1874–2025) WI 22 (1843–2024) WV 22 (1885–2020) VT 20 (1844–2008) NE 19 (1897–2005) CT 19 (1839–2025) AR 19 (1894–2025) DE 17 (1838–2022) CO 17 (1879–1966) MA 17 (1848–1939) OK 15 (1912–2025) HI 14 (1900–1985) UT 14 (1896–2023) KS 13 (1900–2020) MN 13 (1894–1991) MT 12 (1882–2006) WA 11 (1906–1968) SC 11 (1817–2021) DC 9 (1889–2011) NH 7 (1850–1928) NM 7 (1897–2013) NV 7 (1878–1993) ND 7 (1891–1975) MS 7 (1873–2018) LA 6 (1893–2004) PR 5 (1921–1956) WY 5 (1948–1986) ID 4 (1911–1968) ME 4 (1881–2010) SD 3 (1894–1911) VI 2 (2006–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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