Fleischner v. Durgin’s Empirical Analysis
1911
Citation profile
1 federal appellate · 34 state decisions
How this case has been cited
Cited by 35 later decisions — most recently July 1961 · most notably Pigeon's Case (1913), Healey v. Cockrill (1918)
1 federal appellate · 34 state decisions — followed in 15 states
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 McCarthy v. Timmins · Hayes v. Wilkins
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The master is not liable if the servant has abandoned his obligation, and is doing-something not in compliance with the express or implied authority given, and is not acting-in pursuance of the general purpose of his occupation, or in connection with the doing of the master’s work. Under this rule the employer has been held responsible for wrongs done to third persons by his driver during incidental departures from the scope of the authority conferred by the employment and upon comparatively insignificant deviations from direct routes of travel, but within the general penumbra of the duty for which he is engaged. “He (the chauffeur) was acting in disregard of his instructions, and wholly outside his employment, and for a purpose having-no relation, even remote, to the business of the master. The extent of the excursion which he undertook on his own, account was so disproportionate to the length of the route he was authorized to go that it cannot be minimized to a deviation.””
1 later decision quote this exact passagee.g. Carder v. Martin
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.