Scott v. McGaugh’s Empirical Analysis

Citation profile

4 district · 18 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although a plaintiff passenger and a driver of an automobile are co-workers or fellow employees of a common employer and both are acting in the course of and in the furtherance of the business this alone does not make them participants in a joint enterprise which will impose vicarious liability under the ‘right of control’ test; and this is true irrespective of whether the vehicle is owned by the employer, the fellow driver or by the plaintiff himself.” 211 Kan. at 330 .”

   1 later decision quote this exact passage · from the majority
   e.g. Jackson v. City of Kansas City

2. ““Where evidence of the relationship and understanding of the parties is undisputed and the facts and circumstances clearly show a passenger [alleged participant in a joint enterprise] does not have an equal privilege and right to control . . . the issue of joint enterprise to support vicarious liability becomes one of law for the court’s determination . . . .” Scott, 211 Kan. at 331 .”

   1 later decision quote this exact passage · from the majority
   e.g. Cullip Ex Rel. Pitts v. Domann Ex Rel. Domann

3. “(4) an equal right to a voice, accompanied by an equal right of control over the instrumentality (the automobile). 211 Kan. at 327 .”

   1 later decision quote this exact passage · from the majority
   e.g. Lightner v. Frank