Interstate Commerce Commission v. Dudgeon’s Empirical Analysis
1961
Citation profile
4 federal appellate ·
How this case has been cited
Cited by 12 later decisions — most recently July 2002
4 federal appellate ·
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
Applies 49 U.S.C. § 301 · 49 U.S.C. § 303 · 49 U.S.C. § 306 · 49 U.S.C. § 322
Relies on McDonald v. Thompson · Piedmont Northern Ry Co v. Interstate Commerce Commission · Georgia Truck System, Inc., v. Interstate Commerce Commission
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There is an active concurrence or privity of contract between the owner of each automobile and the defendant, in the consummation of any one transaction. Although it is made to appear that the owner contracts with the driver for the transportation and delivery of his car, the initial terms and conditions surrounding each movement are prescribed by defendant with each individual owner. The defendant by his holding out, as well as by his verbal representations to each owner, undeniably establishes an expectation on the part of the owner that the defendant assumes to perform a transportation service. The owner accepts the defendant’s terms and conditions, turns over to defendant his property and pays the defendant his quoted charge [in this case the driver pays the plaintiff a “quoted charge” of $25 under the name of a “deposit.” The driver is reimbursed by the West Coast dealer for this “deposit” and the plaintiff retains the $25. Thus in effect the West Coast dealer pays the plaintiff $25 for each transportation]. The defendant assumes the right, ■power and duty to perform the service within the scope of his holding out. “A driver is necessary to accomplish the terms of defendant’s holding out. In order to accomplish this purpose, the drivers are not only selected by the defendant, but must necessarily be under his control during the course of transportation. The drivers receive their instruction from the defendant and they look to the defendant as their employer. * * * In so”
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.