Brillhart v. Scheier’s Empirical Analysis

Citation profile

6 district · 16 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is elemental that every person conduct his [or her] business so as not to cause injury to others, and if he [or she] conducts business through others, he [or she] is bound to manage them so third persons are not injured by the others while they are doing the principal's business within the scope of their authority. The doctrine is a 'fiction of the law,' not favored in this state, which is limited to master/servant (employer/employee) and joint enterprise relationships. These are relationships in which the potential respondents have sufficient control and responsibility for the actions of others to justify holding them liable for their actions. [Citations omitted.]”

   1 later decision quote this exact passage · from the majority
   e.g. Long v. Houser

2. ““In contrast to an ‘employee’ under the respondeat superior doctrine, an ‘independent contractor’ is one who contracts to do certain work according to his own methods, without being subject to the control of his employer, except as to the result of his work. An independent contractor therefore represents the will of his employer only in the result, and not as to the means in which it is accomplished. * * *”

   1 later decision quote this exact passage · from the majority
   e.g. 97 Ohio App. 3d 130 - Nye v. Kemp

3. “The employer need not actually control the work of the employee; he need only have the right to control the work.”

   1 later decision quote this exact passage · from the majority
   e.g. 913 So. 2d 618 - Gillet v. Watchtower Bible & Tract Soc.