Sims v. Dietrich’s Empirical Analysis

Citation profile

2 federal appellate · 13 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) A servant is a person employed to perform services in the affairs of another and who with respect to the physical conduct in the performance of the services is subject to the other’s control or right to control. “(2) In determining whether one acting for another is a servant or an independent contractor, the following matters of fact, among others, are considered: “(e) whether the employer or the workman supplies the instrumentalities, tools, and the place of work for the person doing the work; “(f) the length of time for which the person is employed; “(g) the method of payment, whether by the time or by the job; “(h) whether or not the work is a part of the regular business of the employer; “(i) whether or not the parties believe they are creating the relationship of master and servant. . . .””

   1 later decision quote this exact passage · from the majority
   e.g. Hughes v. Jones

2. ““A master is a principal who employs another to perform service for him, and who controls or has the right to control the physical conduct of the other in the performance of such service, and the servant is the person so employed. “An independent contractor is generally one who, exercising an independent employment, contracts to do a piece of work according to his own methods and without being subject to the control of his employer, except as to die result of his work.” (Syl. ¶¶ 2, 3.)”

   1 later decision quote this exact passage · from the majority
   e.g. Read v. Warkentin, Commissioner