123 Wis. 2d 40 - State v. Beaudry’s Empirical Analysis

Citation profile

6 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “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. Such deviation or stepping aside from his employer's business may be momentary and slight, measured in terms of time and space, but if it involves a change of mental attitude in serving his personal interests, or the interests of another instead of his employer's, then his conduct falls outside the scope of his employment.”

   2 later decisions quote this exact passage · from the majority
   e.g. 151 Wis. 2d 663 - Olson v. Connerly · Hibma v. Odegaard

2. “[t]he credibility of the bar manager's testimony was a matter for the jury. Braatz v. Continental Casualty Co., 272 Wis. 479, 487, 76 N.W.2d 303 (1956). The bar manager's testimony which supports the defendant's position that the manager was acting outside the scope of employment was based on a statement the bar manager gave defendant's counsel the night before trial. The jury may not have believed this testimony which was favorable to the defendant.”

   1 later decision quote this exact passage · from the dissent
   e.g. Hibma v. Odegaard

3. “the jury could conclude that the tavern manager's conduct was sufficiently similar to the conduct authorized as to be within the scope of employment.”

   1 later decision quote this exact passage · from the dissent
   e.g. Hibma v. Odegaard