Healey v. Cockrill’s Empirical Analysis
1918
Citation profile
12 federal appellate · 83 state decisions
How this case has been cited
Cited by 105 later decisions — most recently November 2003 · most notably 81 Cal. App. 86 - Kruse v. White Brothers (1927), Breeding v. Massey (1967)
12 federal appellate · 83 state decisions — followed in 13 states
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 Ritchie v. Waller · Sweeden v. Atkinson Improvement Co. · Fleischner v. Durgin · Eakin's Administrator v. Anderson · L. R. & Ft. S. R'y. v. Miles
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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[wJhether there has been a deviation so material or substantial as to constitute a complete departure is usually a question of fact. In some cases the deviation may be so marked, and in others so slight relatively, that the court can say that no conclusion other than that the act was or was not a departure could reasonably be supported; while in still others the deviation may be so uncertain in extent and degree in view of the facts and circumstances as to make the question of what inferences should be drawn from the evidence properly one for the jury.”
2 later decisions quote this exact passagee.g. O'shea v. Welch · Lee v. Pierce““In cases where the deviation is slight and not unusual, the court may, and often will, as matter of law, determine that the servant was still executing his master’s business. So, too, where the deviation is very marked and unusual, the court in like manner may determine that the servant was not on the master’s business at all, but on his own. Cases falling between these extremes will be regarded as involving merely a question of fact, to be left to the jury or other trier of such questions.””
1 later decision quote this exact passagee.g. Edwards v. Earnest““We think that the facts present clearly a case of a complete departure from the employer’s business, and that the court was correct in holding as a matter of law that the facts shown excluded all elements of responsibility on the part of appellee for the unauthorized act of her servant. The judgment of the court is, therefore, affirmed.””
1 later decision quote this exact passagee.g. Fuqua v. Deapo
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.