Norris v. BRYANT’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 11 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The burden of proof was upon appellant to show that Bryant, the driver of the truck, was a servant of Grant but when he established that the truck was being used in the performance of the contract which Grant had with Poinsett, he established a prima facie case. It seems to be generally held that where a prima facie case of-master and servant is made out, and the defendant claims that he is not liable because the work was being done by an independent contractor, the burden is on him to prove such relationship. 27 Am. Jur., Independent Contractors, Section 59, page 538; 57 C. J. S., Master and Servant, § 615(b), page 396. It has been said that 'the facts pertaining thereto being peculiarly within his (defendant’s) knowledge, the law and justice require that he establish the alleged contract to the satis faction of the jury by the greater weight of the evidence. It would be unfair, and work a hardship if the burden should be put upon the plaintiff of disproving an alleged contract to which he is an entire stranger.’ Ember v. Gloucester Lumber Company, 167 N. C. 457 , 83 S. E. 740, 742 . We do not now undertake to determine the correctness of the rule laid down by these authorities. It is sufficient to say that the burden of at least going forward with the evidence on the issue of independent contractor shifted to Grant.””

   1 later decision quote this exact passage
   e.g. Cooper v. Graham

2. “He contracted to cut and haul a large quantity of logs at a fixed price. The operation was to cover a period of over two years. Poinsett had no right to terminate the contract as long as Grant fulfilled the conditions and requirements set forth therein. Grant was to furnish his own equipment and to pay all employees and subcontractors engaged by him. He had the right to control and direct the manner in which the details of the work were to be executed. Poinsett reserved no control over Grant’s employees. Grant was to produce a given result and was to determine the means by which such result was to be accomplished.”

   1 later decision quote this exact passage
   e.g. Cherry v. Myers Timber Co.

3. “The Courts have encountered much difficulty in determining whether under various circumstances a person doing work for another was an employee or an independent contractor. It is generally recognized that it is impossible to formulate a fixed or absolute rule applicable to all cases and that each must be determined on its own facts. However, there are many well recognized and fairly typical indicia of the status of independent contractor, even though the presence of one or more of them in a case is not necessarily conclusive.”

   1 later decision quote this exact passage
   e.g. Cherry v. Myers Timber Co.