Cooley v. Eskridge’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 26 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We recognize as a general rule of law that a master is liable in an action by a third party for any damages resulting from any act of his servant during the employment if the act is within the scope of the servant’s employment. The phase ‘scope of employment’ used in connection with the master’s liability for the acts of a servant is to be determined by what the servant is doing for the master and what he actually does with the knowledge and approval of the master. If an act is performed by a servant within the scope of his employment, as that phrase is properly construed, and damages to another result therefrom, the master is unquestionably liable therefor. However, to impose this same liability upon a master for an act of a servant ‘while in his employ’ would result in a master becoming accountable in damages for very [sic] tort committed by the servant so long as his term of employment continues. It should be recognized that there is a marked distinction between an act done by a servant ‘during his employment’ and an act done within the ‘scope of his employment.’ ” 241 P.2d at 855 . “ < * * * The test of the liability of a master for the tortious acts, of his servant, now universally accepted, is whether there was express or implied authority for doing the-act relied upon by the plaintiff. In the customary legal phraseology, to-make the master responsible for the acts of his servant the act must be done in the scope or course of the-servant’s employment, that is, under”

   1 later decision quote this exact passage · from the majority
   e.g. 219 F. Supp. 71 - Myers v. United States

2. ““Implied authority is such as is proper, usual and necessary to the exercise of that authority actually granted to the servant or such as is actually necessary to accomplish the task assigned by the master to the servant.””

   1 later decision quote this exact passage · from the majority
   e.g. Ellerman v. Kite

3. “Implied authority of an agent is actual authority evidenced by conduct, that is, the conduct of the principal has been such as to justify the ... finding that the agent had actual authority to do what he did.”

   1 later decision quote this exact passage · from the majority
   e.g. Citywide Banks v. Armijo