Ross v. Schneider’s Empirical Analysis
1943
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently July 2016 · most notably Elizabeth River Tunnel District v. Beecher (1961), Smith v. Grenadier (1962)
25 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 Murray's Case · City of Norfolk v. Hall · Tuttle v. Embury-Martin Lumber Co. · Texas Co. v. Zeigler · Craig v. Doyle
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There are numerous criteria which have been said by the courts and the text writers to be important as tests in determining whether the relationship between parties engaged in a transaction, as we have here, is that of independent contractor or servant as applied to the party performing the service or doing the work. The presence of one or more of them is not necessarily conclusive of this status. The two of those which seem to be most relied upon, as we have indicated, is, first, in which party lies the control over the work and, second, is there present in the particular case the existence of a contract for the doing of certain work at a fixed price.””
1 later decision quote this exact passage · from the majority““The test of the relationship is the right to control. It is not the fact of actual interference with the control, but the right to interfere, that makes the difference between an independent contractor and a servant or agent.” [Citation omitted.] * * * “One of the means of ascertaining whether or not the right to control exists is the determination of whether or not if instructions were given they would have to be obeyed.” * * * “The measure of compensation is also important for where it is based upon time or piece the workman is usually a servant, and where it is based upon a lump sum for the task he is usually a contractor.””
1 later decision quote this exact passage · from the majority“`the measure of compensation is also important for where it is based on time or piece the workman is usually a servant, and where it is based upon a lump sum for the task he is usually a 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.