Ellender v. Sabel’s Empirical Analysis
1965
Citation profile
3 state decisions
Relationships
Relies on 107 So. 2d 496 - Adams v. Fidelity and Casualty Co. of New York · Southwestern S. & M. Co. v. Industrial Mollasses Corp. · 124 So. 2d 802 - First Fed. S. & L. Ass'n v. Continental Equity L. Ins. Co. · 154 So. 2d 96 - Lamb Rental Tools, Inc. v. Underwriters at Lloyd's London
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Accordingly, where an agent has entered upon an undertaking and neglects to perform a duty owed to his principal, if by this neglect he violates a duty he owes to a third person also, he is personally liable to the latter, his liability not being based on agency but upon the ground that he is a wrongdoer or has failed in the common-law obligation to use that which he controls so as not to injure another; but where, as stated in § 233 infra, the agent in the performance of his undertaking omits a duty owed solely to his principal, although he is the cause of a breach of the principal's duty owed to the third person, he is guilty of no misfeasance in respect of the third person and is not liable to him.”
1 later decision quote this exact passage“From this holding has come the generally applied and accepted rule in Louisiana that an agent is not ordinarily liable to third persons for his nonfeasance where the non-performed act was owed only to the principal.”
1 later decision quote this exact passage“to free and remove all traces of ammonia and other type gases and/or inflammables from the pertinent buildings, equipment and machinery.”
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.