Smith v. Grenadier’s Empirical Analysis
1962
Citation profile
5 federal appellate · 38 state decisions
How this case has been cited
Cited by 53 later decisions — most recently May 2013 · most notably Wells v. Whitaker (1966), Flip Mortgage Corporation v. Donald H. McElhone C. Warren Crandall, and Josephine McElhone Ruth W. Crandall James Schaffer, Flip Mortgage Corporation v. Donald H. McElhone Josephine McElhone C. Warren Crandall Ruth W. Crandall James Schaffer (1988)
5 federal appellate · 38 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 Powell v. Construction Co. · Pike v. Eubank · Horne v. Holley · Texas Co. v. Zeigler · Epperson v. DeJarnette
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“is based on the proposition that he who expects to derive advantage from an act which is done by another for him must answer for an injury sustained by a third person from that act.” Smith v. Grenadier, 203 Va. 740 ,1 746, 127 S.E.2d 107 (1962). Professors Prosser arid Keeton explain the economic considerations underlying the doctrine concisely:”
1 later decision quote this exact passage · from the majority“A joint adventure exists when two or more persons combine a joint business enterprise for their mutual benefit, with an express or implied understanding or agreement that they are to share in the profits or losses of the enterprise, and that each is to have a voice in its control and management.”
1 later decision quote this exact passage · from the majority“At common law, upon the question of whether the relationship of master and servant exists, there are four elements which are considered: (1) selection and engagement of the servant; (2) payment of wages; (3) power of dismissal; and (4) the power of control of the servant’s action.”
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.