Clayburn v. Soueid, Inc.’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This Court has had a number of cases before it involving the question of whether or not the particular employment involved was casual. We have pointed out that the Workmen’s Compensation Act does not define the term ‘casual’ as therein used to describe one of the classes of employees to whom the Act is not intended to apply [Code, 1957, Art. 101, § 67(3)], and that, in the absence of a statutory definition, the application of the term should be made in each case according to the particular facts presented. Hygeia Ice & Coal Co. v. Schaeffer, 152 Md. 231, 238 , 136 Atl. 548 (1927); State Accident Fund v. Jacobs, 134 Md. 133, 134 , 106 Atl. 255 (1919). ‘Casual’, as used in the Act, ‘is a word of indefinitely varied import.’ Moore v. Clarke, 171 Md. 39, 52-53 , 187 Atl. 887 (1936). “Nevertheless, criteria have been developed, in our Court and in other jurisdictions which have similar statutes, to which we have given weight in determining whether an employment is casual or regular. These criteria include the nature of the work, the duration of the employment, and whether it is occasional, incidental, or a usual concomitant of the employer’s business. Moore v. Clarke, supra, at 53 and authorities therein cited. “Where the terms and manner of employment are disputed and different inferences may be drawn therefrom, the issue as to the relation that existed between the parties is a mixed question of law and fact, to be determined by the trier of the facts, under proper instructions,”

   1 later decision quote this exact passage · from the majority
   e.g. Lupton v. McDonald

2. ““The work which Clayburn performed for Soueid was essential to Soueid’s business of building houses. Soueid sub-let the work of building the houses, but engaged laborers, of whom Clayburn was one, in the cleaning of the houses after they were built, laying drain, leveling the ground, moving material from one location to another, and general laborer’s work. This, work was necessary in connection with each of the houses Soueid was building. Clayburn was taken by Soueid from one location to another and always worked under Soueid’s personal direction. The work was not seasonal, except in the sense that, being largely performed out of doors, the weather had to be favorable. The work did not have to be performed continuously, but it was necessary at certain stages of each building operation, and Soueid built houses steadily. Clayburn testified, without contradiction, that after Soueid first engaged him from the labor pool, Soueid told him he would give him a steady job, and Clayburn said that this was what he was looking for. After a few days, Soueid raised Clayburn’s pay, and called for him, not at the place where the other men, in a labor pool, awaited day’s employment, but at another location previous ly agreed upon between the two men. During the entire period, Clayburn worked for no one except Soueid, except for a day or two between April 3 and 8, when Soueid had said he would be out of town. The evidence is clear that Clayburn’s employment by Soueid was steady and pursuant to”

   1 later decision quote this exact passage · from the majority
   e.g. McElroy Truck Lines, Inc. v. Pohopek

3. ““In the present case, the appellee was allowed by a property owner for whom he was working to be engaged temporarily by a contractor in charge of other work on the same premises. Upon the completion of the task to which the appellee was thus assigned, and which would probably have required not more than two or three hours for its performance, he was to resume his work for the first employer. The brief service he was undertaking to render for the contractor had no relation to any engagement between them in the past or future. It was limited to a particular occasion beginning and ending within a short portion of a single day. In view of its restricted scope and purpose, it must be regarded as casual within the meaning of the Maryland statute.””

   1 later decision quote this exact passage · from the majority
   e.g. McElroy Truck Lines, Inc. v. Pohopek