Kisner v. Jackson’s Empirical Analysis
1931
Citation profile
9 federal appellate · 126 state decisions
How this case has been cited
Cited by 146 later decisions — most recently March 2016 · most notably Texas Co. v. Mills (1934), 522 So. 2d 195 - Fruchter v. Lynch Oil Co. (1988)
9 federal appellate · 126 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 Hutchinson-Moore Lumber Co. v. Pittman · Caver v. Eggerton
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 146 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There have been many attempts to define precisely what is meant by the term "independent contractor"; but the variations in the wording of these attempts have resulted only in establishing the proposition that it is not possible within the limitations of language to lay down a concise definition that will furnish any universal formula, covering all cases. At last, and in any given case, it gets back to the original proposition whether in fact the contractor was actually independent.”
2 later decisions quote this exact passage · from the majority“Whether the principal master has the power to terminate the contract at will; whether he has the power to fix the price in payment for the work, or vitally controls the manner and time of payment; whether he furnishes the means and appliances for the work; whether he has control of the premises; whether he furnishes the materials upon which the work is done and receives the output thereof, the contractor dealing with no other person in respect to the output; whether he has the right to prescribe and furnish the details of the kind and character of work to be done; whether he has the right to supervise and inspect the work during the course of employment; whether he has the right to direct the details of the manner in which the-work is to be done; whether he has the right to employ and discharge the subem-ployees and to fix their compensation; and whether he is obliged to pay the wages of said employees.”
1 later decision quote this exact passage · from the majoritye.g. McKee v. Brimmer“an adequate salary to the alleged independent contractor....”
1 later decision quote this exact passage · from the majority
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.