Towt v. Pope’s Empirical Analysis
1959
Citation profile
3 federal appellate · 32 state decisions
How this case has been cited
Cited by 35 later decisions — most recently December 2002 · most notably 21 Cal. 4th 563 - White v. Ultramar, Inc. (1999), 63 Cal. 2d 124 - Saala v. McFarland (1965)
3 federal appellate · 32 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 Raber v. Tumin · 37 Cal. 2d 356 - Malloy v. Fong · 46 Cal. 2d 76 - Scott v. Industrial Accident Commission · Sappenfield v. Main Street & Agricultural Park Railroad · 142 Cal. App. 2d 575 - Atherley v. MacDonald, Young & Nelson, Inc.
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The doctrine of respondeat superior is not applicable to the relationship between a supervisor and his subordinate employees. The supervisor occupies an economic and legal position quite different from that of the employer. It is not the supervisor's work that is being performed, nor does he share in the profits which the employees' conduct is designed to produce. In the usual situation, furthermore, he, like his subordinates, is a wage earner, and he is seldom able to respond in damages to an appreciably greater extent than they. For these reasons, the law has shifted financial responsibility from the supervisor, who exercises immediate control, to the employer, who exercises ultimate control and for whose benefit the work is done. [Citation.] Section 2351 of the Civil Code codifies this principle and has been uniformly interpreted to exempt superior employees from vicarious liability to third persons for the tortious conduct of subordinates.”
1 later decision quote this exact passage“those immediately in control and management of the particular employee, his work and his place of employment”
1 later decision quote this exact passage“executive officials, presidents, vice-presidents, and managing agents”
1 later decision quote this exact passage
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.