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← 21 N.C. App. 455 - Collins v. James Paul Edwards, Inc.

21 N.C. App. 455 - Collins v. James Paul Edwards, Inc.’s Empirical Analysis

1974

Citation profile

18
cited by 18 later decisions
1
states following
December 2016
most recently cited

16 state decisions

How this case has been cited

Cited by 18 later decisions — most recently December 2016

16 state decisions

6019741980199020002010decided

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 Leggette v. J. D. McCotter, Inc. · Perley v. . Paving Co.

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

  1. ““When a general employer lends an employee to a special employer, the special employer becomes liable for workmen’s compensation only if “(a) the employee has made a contract of hire, express or implied, with the special employer; “(b) the work being done is essentially that of the special employer; and “(c) the special employer has the right to control the details of the work. “When all three of the above conditions are satisfied in relation to both employers, both employers are liable for workmen’s compensation.””
    5 later decisions quote this exact passage
  2. “[b]ecause of this statutory requirement that the employment be under an “appointment or contract of hire,” . . . the first question which must be answered in determining whether a lent employee has entered into an employment relationship with a special employer for [purposes of the Act] is: Did he make a contract of hire with the special employer? If this question cannot be answered “yes,” the investigation is closed ....”
    1 later decision quote this exact passage
  3. “the employee loses certain rights along with those gained when striking up a new employment relation. Most important of all, he or she loses the right to sue the special employer at common law for negligence; and . . . the courts have usually been vigilant in insisting upon a showing of a deliberate and informed consent by the employee before employment relation will be held a bar to common-law suit.”
    1 later decision quote this exact passage

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.