12 Wis. 2d 537 - Strack v. Strack’s Empirical Analysis

Citation profile

20 state decisions

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

1. ““ ‘Conduct of a servant is not within the scope of employment if it is different in kind from that authorized, far beyond the authorized time or space limits, or too little actuated by a purpose to serve the master.’ (Italics ours.)””

   4 later decisions quote this exact passage
   e.g. 44 Wis. 2d 354 - Urban v. Badger State Mutual Casualty Co. · 46 Wis. 2d 423 - Kamp v. Curtis

2. “`The master may authorize the use of a particular instrumentality without assuming control over its use as a master. The fact that he does not own it or has not rented it upon such terms that he can direct the manner in which it may be used indicates that the servant is to have a free hand in its use. If so, its control by the servant, although upon his master's business, is not within the scope of the employment.' "Illustration 4, page 531, of the above comment also illustrates the principle to be controlling here. This is: "`The master agrees with A, his servant, to pay for A's transportation upon public vehicles such as railway trains and streetcars. As an alternative, A is permitted to use his own automobile for transportation, charging to the master the regular train fare. A is paid by the week, with indefinite hours of labor. In going to a place at which he is to perform work for the master, A drives his own car, carrying thereon necessary tools and materials belonging to the master. In the absence of evidence that A owes P any duty of obedience in the details of operating the automobile, such driving is not within the scope of employment.'”

   2 later decisions quote this exact passage
   e.g. 56 Wis. 2d 44 - Wuorinen v. State Farm Mutual Automobile Insurance · 56 Wis. 2d 44 - Wuorinen v. STATE FARM MUT. AUTO. INS. CO.

3. “[a] servant or agent is within the scope of his employment when he is performing work or rendering services he was hired to perform and render within the time and space limits of his authority and is actuated by a purpose in serving his employer in doing what he is doing.... "A servant or agent is outside the scope of his employment when he deviates or steps aside from the prosecution of his master's business for the purpose of doing an act or rendering a service intended to accomplish an independent purpose of his own, or for some other reason or purpose not related to the business of his employer.”

   1 later decision quote this exact passage
   e.g. 123 Wis. 2d 40 - State v. Beaudry