Gabbard v. Sharp’s Empirical Analysis
1949
Citation profile
7 federal appellate · 6 district · 8 state decisions
How this case has been cited
Cited by 21 later decisions — most recently June 1998
7 federal appellate · 6 district · 8 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 Missouri Pacific Railway Co. v. Columbia · Kemp v. Chicago, Rock Island & Pacific Railway Co. · Crelly v. Missouri & Kansas Telephone Co. · Roebuck v. Atchison, Topeka & Santa Fe Railway Co. · Kansas Pacific Railway Co. v. Peavey
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Here, under unequivocal allegations of the petition, the employer's conduct in retaining the offending employee merely created a condition which made the action of Thomas Jeff Sharp possible. The efficient or proximate cause of appellee's injury was his action in stepping aside from his employment and in committing an assault upon appellee.”
2 later decisions quote this exact passage · from the majority“"Before proceeding to give consideration to the merits of this appeal we feel compelled, because of the state of the record, to comment that if appellee has any confidence in the propriety of the ruling on the involved demurrer there has been no indication of that fact. She filed no brief and made no appearance when the cause was argued. On that account our decision must be reached without any information as to the theory on which the trial court concluded the amended petition stated a cause of action or any citations of authorities supporting its decision."”
1 later decision quote this exact passage · from the majority“* * * in this jurisdiction the general, well established, rule is that while an employer may be held liable to one of his employees for wrongful acts of a fellow servant done in the pursuance of the objects of his employment and in furtherance of his duties, Kemp v. Chicago, R. I. & P. R. Co., 91 Kan. 477, 138 P. 621, he is never liable for such acts when they are committed outside the scope of such servant's employment.”
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.