Entremont v. Whitsell’s Empirical Analysis
1939
Citation profile
7 federal appellate · 41 state decisions
How this case has been cited
Cited by 52 later decisions — most recently January 2010 · most notably 17 Cal. 3d 86 - Culligan Water Conditioning of Bellflower, Inc. v. State Board of Equalization (1976), 68 Cal. App. 2d 725 - Gardner v. Rich Manufacturing Co., Ltd. (1945)
7 federal appellate · 41 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 People of State of New York Rogers v. Graves · Nashville, Chattanooga & St. Louis Railway v. State · Shepard v. Jacobs · Billing v. Southern Pacific Co. · Cook v. Wright
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“". . . The chief characteristic of a renting or a leasing is the giving up of possession to the hirer, so that the hirer and not the owner uses and controls the rented property. Civ.Code, §§ 1925, 1955. The record is clear that the only supervision exercised by the department over the operators of the trucks was to direct them where to load and unload the material hauled, when to go on or leave the job, and to inform the operators whether the load should be dumped or spread. The department had no power to discharge the drivers that power, and the power of selection, rested in Entremont. That is a factor of some importance in ascertaining whether Entremont or the department controlled the operators. . . . The contract required Entremont to keep the trucks in repair; to pay all expenses incident thereto; to supply all oil, gas and other materials necessary for their operation; to carry compensation insurance on the drivers, and expressly provided the operators were employees of Entremont." 121 Cal.App.2d 206 , 263 P.2d 39, 41-42 .”
3 later decisions 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.