Morris v. . Brown’s Empirical Analysis
1888
Citation profile
4 federal appellate · 29 state decisions
How this case has been cited
Cited by 33 later decisions — most recently May 1943 · most notably Sievers v. Peters Box & Lumber Co. (1898), Rolfe v. . Hewitt (1920)
4 federal appellate · 29 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 Beck v. . Carter · Byrne v. New York Central & Hudson River Railroad · Sutton v. . N.Y.C. and H.R.R.R. Co. · Eaton v. Delaware, Lackawanna & Western Railroad · Ackert v. . Lansing
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Plaintiff did not acquire any right to be upon the car through any consent or act or acquiescence on the part of the defendants. The brakeman of the car had known it, but neither his knowledge nor assent could bind defendant. He was not their agent for that purpose. It is a general proposition that a master is chargeable with the conduct of his servant only when he acts in the execution of the authority given him. ⅜ * * In the ease before us the brakeman was never told or authorized to carry any person, and if he acquiesced in, or by silence consented to, the intestate’s going in upon the cars, there is no evidence that in doing so he was acting in the line of his duty or within the scope of his employment. The deceased liad, in fact, ridden upon the car. He had done so under no other permission, — a volunteer, but in safety. In each instance, however, lie must be deemed to have assumed the risk, and this last time he was unfortunate. The consequences of that misfortune should not be thrown upon the defendants.””
1 later decision quote this exact passagee.g. Langan v. Tyler““It is a general proposition that a master is chargeable with the conduct of his servant, only when he acts in the execution of the authority given him.””
1 later decision quote this exact passagee.g. Stevens v. Frost
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.