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← 124 Misc. 516 - Baum v. Schweitzer

Baum v. Schweitzer’s Empirical Analysis

1925

Citation profile

1
cited by 1 later decisions
1
states following
June 1933
most recently cited

1 state decisions

Relationships

Relies on Riley v. . Standard Oil Co. · Pallocco v. . Lehigh Valley R.R. Co.

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

  1. ““In the present case the defendant’s business was the selling of game and similar provisions to hotels and other consumers. The chauffeur was called upon to begin work very early in the day, and the hours of the actual deliveries to be made by him consumed the entire day. That he went to lunch at a somewhat unusual hour does not under these conditions, indicate that as a matter of law his stopping for lunch was not within the contemplation of the employment. To go seventeen blocks in an automobile in the city of New York is a detour requiring not over ten or fifteen minutes of time..... “There are some aspects of the testimony which throw doubt upon the correctness of the defendant’s version of the facts which has been assumed herein. It was for the jury to pass both upon the correctness of this version and upon the further question whether the deviation, if it occurred, was so material as to constitute a frolic rather than a detour.””
    1 later decision quote this exact passage

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.