Goff v. Sinclair Refining Co.’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It will be noted that in stipulation 9 of the contract, quoted above, Harkness, as agent, agreed to be responsible for any and all acts of his employees, whether they be acts of commission or omission resulting in loss or damage to the company, and he further agreed ‘to indemnify, save harmless, and reimburse the company for and on account of any such acts of the- agent’s employees.’ If Harkness was an independent contractor, the company, with few exceptions, would not be responsible for the acts of his employees. It is not improbable that this stipulation was incorporated in the 'contract out of an abundance of caution, realizing, perhaps, that the agent who operated thereunder would be held not to be an independent contractor, but a servant. It is not enforceable against nor binding upon third persons injured through the negligence of those engaged by the agent or servant to assist him in carrying on the master’s business.””

   1 later decision quote this exact passage
   e.g. 78 F. Supp. 515 - Dockens v. La Caze

2. ““When this law is violated, as was done in the present case, all presumptions are against the offender, and, as was said in Armour & Co. v. Hicks Co., 18 La.App. 504 , 138 So. 676 , 677: He assumes the risk of his experiment and is required to use greater care than if he had kept on the right side of the road.’ Potter v. Glassell, 146 La. 687 , 83 So. 898 ; Berry on Automobiles (6th Ed.) Vol. I; page 237.””

   1 later decision quote this exact passage
   e.g. Platt v. Scarborough