Murphy v. Tremont Lumber Co.’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]ny person who renders service, other than manual labor, for a specified recompense for a specified result either as a unit or as a whole, under the control of his principal as to results of his work only, and not as to the means by which such result is accomplished, and are expressly excluded from the provisions of this Chapter unless a substantial part of the work time of an independent contractor is spent in manual labor by him in carrying out the terms of the contract, in which case the independent contractor is expressly covered by the provisions of this Chapter. The operation of a truck tractor or truck tractor trailer, including fueling, driving, connecting and disconnecting electrical lines and air hoses, hooking and unhooking trailers, and vehicle inspections are not manual labor within the meaning of this Chapter.”

   2 later decisions quote this exact passage
   e.g. Allgood v. Loeb · 74 So. 3d 1253 - McGrew v. QUALITY CARRIERS, INC.

2. “One who contracted to cut and deliver to lumber company logs of specified kinds, grades, dimensions, etc., from a 20-acre tract owned by company during specified period to be paid for at specified price per thousand feet log scale, and who employed his own workmen and fixed and paid their wages, was an 'independent contractor' and not an 'employee' within Workmen's Compensation Law, notwithstanding contractor was limited to use of one truck and lumber company supervised work as to kind, quality and specifications of timber being cut. Act No. 85 of 1926, p. 113, § 3 subd. 8.”

   1 later decision quote this exact passage
   e.g. 43 So. 2d 487 - Hanchey v. Consolidated Underwriters

3. “The fact that plaintiff personally undertook to do the manual labor is not sufficient to exclude him from the statutory definition of an independent contractor. There was nothing in the contract that required plaintiff to do, or which prohibited him from doing, the laboring work himself. Plaintiff was not employed to do the manual labor, and whether he should or should not do such work was left solely to *Page 605 his own decision. The work which he performed was for his personal benefit, adding to his profit by saving him the expense of employing others to do the work for him.”

   1 later decision quote this exact passage
   e.g. Allgood v. Loeb