Bendix v. the Bendix Co.’s Empirical Analysis

Citation profile

1 district · 6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * It is difficult, if not impossible, to lay down a hard and fast rule that will obtain under all circumstances in determining whether such an officer is an employe. All the facts must be considered to determine whether the ordinary incidents of the employer-employe relationship exist. LeighAitchison, Inc. v. Industrial Comm. 188 Wis. 218 , 205 N.W. 806 , 44 A.L.R. 1213 . Consideration must be given to the degree of control exercised over the business, the actual business relations between the corporation and the officer, the type of services performed, the regularity thereof, the privileges indulged in with respect to working hours, the compensation received, whether the officer is subject to any control by the corporation in his activities, and other factors. Donaldson v. William H. B. Donaldson Co. supra .”

   1 later decision quote this exact passage
   e.g. Pederson v. Pederson

2. ““* * f He was in complete control. No one had the power to discharge him. None of the ordinary incidents of the employer-employe relationship existed. Under these facts, Bendix did not have the relationship of an employe to anyone, since he was the employer. ‘Practically he was the corporation and only by a legal fiction its servant in any sense.’ Matter of Bowne v. S. W. Bowne Co. 221 N. Y. 28, 34 , 116 N. E. 364, 366 .””

   1 later decision quote this exact passage
   e.g. Delaney v. Dan Delaney, Inc.