10 Wash. App. 893 - Baxter v. Morningside, Inc.’s Empirical Analysis
1974
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently August 2020
23 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 Frankle v. Twedt · 17 Ariz. App. 571 - Scottsdale Jaycees v. SUPERIOR CT. OF MARICOPA CO. · 68 Wash. 2d 75 - Hollingbery v. Dunn · Bollman Ex Rel. Sanderson v. Kark Rendering Plant · 8 Wash. App. 83 - Jackson v. Standard Oil Co. of California
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In this regard, it may be emphasized that it is not de facto control nor actual exercise of a right to interfere with or direct the work which constitutes the test, but rather, the right to control the negligent actor's physical conduct in the performance of the service.”
2 later decisions quote this exact passage“In this regard, it may be emphasized that it is not de facto control nor actual exercise of a right to interfere with or direct the work which constitutes the test, but rather, the right to control the negligent actor's physical conduct in the performance of the service. . . . . . . We believe the rule to be that where one volunteers or agrees to assist another, to do something for the other's benefit, or to submit himself to the control of the other, even without an agreement for or expectation of reward, if the one for whom the service is rendered consents to its being performed under his direction and control, then the service may be rendered within the scope of a master-servant relationship. . . .”
1 later decision quote this exact passage“that when Morningside engaged Hoffer to transport the donated items to their warehouse, Morningside controlled and had the right to control Hoffer's physical conduct in the performance of the service. A master-servant relationship therefore existed.”
1 later decision quote this exact passagee.g. O'BRIEN v. Hafer
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.