Pearson v. Newt Pearson, Inc.’s Empirical Analysis

Citation profile

22 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. ““However, we deem it unnecessary to decide the precise point chiefly debated, whether or not, under the facts of this case, the president and general manager of a small corporation, who also works as a salesman and collector of accounts, can be classified as an employee, since it appears that the defendants, by their treatment of the decedent’s relationship to the corporation as that of employee rather than executive, and the acceptance of the benefits of that status, have recognized his dual capacity and classification as employee to such an extent that they should not now be permitted to assert the contrary after loss has been sustained. The record shows that the defendant Insurance Company’s agent gave instruction that decedent be so classified, and that his salary be included in the totals of the wages of the corporation’s employees, and that this was done after consultation between the agent of the Insurance Company and the secretary-treasurer of the corporation. The premiums thereon were collected accordingly and received by the Insurance Company over a period of several years. . . . Thus the Insurance Company had knowledge that it was being paid for carrying the risk of accidental injury to decedent arising out of and in the course of his indicated employment in work other than that of an executive. “. . . While ordinarily the parties may not by agreement or conduct extend the provisions of the Workmen’s Compensation Act, in this case the defendants’ continued and defi”

   1 later decision quote this exact passage
   e.g. Aldridge v. Foil Motor Company