Lindley v. McKay’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In order to bind the master, * * * ‘the act must be done not only while the servant is engaged in his master’s service, but it must pertain to the particular duties of that employment.’ ‘In the more recent case of Carter Truck Line v. Gibson, 195 Ark. 994 , 115 S. W. 2d 270 , it is said: “The act of the servant for which the master is liable must pertain to something that is incident to the employment for which he is hired, and which it is his duty to perform or be for the benefit of his master. Sweeden v. Atkinson Imp. Co., 93 Ark. 397 , 125 S. W. 439 , 27 L. R. A., N. S. 124. * * * And if the servant steps aside from the master’s business to do an independent act of his own and not connected with his master’s business, then the relation of master and servant is for such time, however short, suspended; and the servant while thus acting for a purpose exclusively his own, is a stranger to his master, for whose acts he is not liable. * * * If a servant completely turns aside from the master’s business and pursues business entirely his own the master is not responsible.’ Lindley v. McKay, 201 Ark. 675 , 146 S. W. 2d 545 .””

   2 later decisions quote this exact passage
   e.g. Davis v. Kukar · Reserve Life Ins. v. Hall

2. ““It is, however, earnestly insisted by appellant that even though we should conclude the evidence sufficient to establish that appellant’s employee, Britt Pierce, actually started the fire, there can be no recovery for the reason that, at the time of starting the fire, Britt Pierce was not in the performance of the business of his employer, appellant, Lindley, but had stepped aside from his employment. We think this contention of appellant must be sustained. The undisputed proof in this case discloses that the purpose for which these trucks stopped on the side of the road was to afford Ace Garrett an opportunity to contact Reece Wilson in an effort to secure employment. After stopping for this purpose, Wilson produced a watermelon which the three men proceeded to consume. On the record here, no act was performed during this stop that could be deemed in the furtherance of the master’s business or done by appellant’s employee, Britt Pierce, while in performance of any duty required of him. The stop was made without appellant’s knowledge or consent and solely, we think, for the accommodation of Ace Garrett. In a case of this kind the test is not whether the negligent act was committed while the servant was in the employ of the master, but whether it was committed at a time when the servant was performing an act in furtherance of the master’s business or in line with the servant’s duty.””

   1 later decision quote this exact passage
   e.g. Hurley Pickett Lake Farms, Inc. v. Sullivan