Olano v. Leathers’s Empirical Analysis

Citation profile

9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In American Jurisprudence, Vol. 27, p. 486, Section 6, it is stated that ‘the most important test in determining whether a person employed to do certain work is an .independent contractor or mere servant is the control over the work which is reserved by the employer.’ An application of this test leads to a second reason why we think the relation did not exist in this case. The facts as shown to exist indicate a rather large degree of control and supervision by Leathers over the manner in which the work of hauling these shells was to be performed. The trucks had to be loaded and the shells .dumped under the direction of his men and the drivers were given certain instructions coming from him about their manner of driving over the road crossings. What gasoline and oil was required was ordered and distributed by him at an added responsibility and trouble on his part. The drivers were carried on his pay rolls with the view no doubt of seeing that their time was properly kept. Whilst he did not give them formal instructions to follow the route which they did in hauling the shells, and counsel maintain that Edwards could have routed them over any road he pleased, no matter how long, the fact is that Leathers, at considerable expense to himself kept up a public road for - the purpose of hauling the shells and that leaves us with the impression that that is the road he intended they had to use: “In Coon v. Monroe Scrap Material Company, La.App., 191 So. 607, 610 , the Court stated: ‘”

   1 later decision quote this exact passage
   e.g. Doyle v. Royal Indemnity Co.