Blair v. Smith’s Empirical Analysis

Citation profile

12 federal appellate · 22 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'the employer assumes the right to control the time, manner, and method of executing the work, as distinguished from the right merely to require certain definite results in conformity to the contract,'”

   2 later decisions quote this exact passage
   e.g. 507 F. Supp. 365 - Harris v. City of Chattanooga, Tenn. · American Telephone & Telegraph Co. v. Winback & Conserve Program, Inc.

2. ““Smith had a valid cause of action against Blair, should it be determined that Wilson, his immediate employer, was an independent contractor, rather than a servant, of the general contractor, Blair * * * “ ‘ * * * the test to be applied in determining whether the relationship of the parties under a contract for the performance of labor is that of employer and servant, or that of employer and independent contractor, lies in whether the contract gives, * * * the right to control the time, manner, and method of executing the work, as distinguished from the right merely to require certain definite results in conformity to the contract.’ ****** “Under provisions of paragraphs * * * [0f the Blair contract], the subcontractor will begin work promptly, will carry the work forward rapidly, with due diligence and without delay, and will not delay or interfere with the work of the contractor. Should it be determined that the subcontractor is delaying the work, the contractor shall have the right to employ additional men and charge the expense to the subcontractor. The subcontractor is to indemnify the contractor against any loss by reason of delay. * * * The provision that, should the subcontractor Wilson delay the progress of the work, the general contractor Blair might employ additional men, sufficient to complete the contract within the time specified by the general contract between him and the Government, would not make the subcontractor Wilson a servant of the general contractor Bl”

   1 later decision quote this exact passage
   e.g. Mosley v. George A. Fuller Co.

3. “1. The right of the employer to make additional plans and specifications; to impose his will in lieu of contractual provisions; and to direct the work step-by-step.”

   1 later decision quote this exact passage
   e.g. 507 F. Supp. 365 - Harris v. City of Chattanooga, Tenn.