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← 253 N.C. 670 - Jackson v. Bobbitt

Jackson v. Bobbitt’s Empirical Analysis

1961

Citation profile

34
cited by 34 later decisions
2
states following
December 2017
most recently cited

34 state decisions

How this case has been cited

Cited by 34 later decisions — most recently December 2017 · most notably Wood v. Guilford County (2002), Pleasant v. Johnson (1985)

34 state decisions

120196119701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Hart v. Thomasville Motors, Inc. · Warner v. Leder · Goeckel v. Stokely · Henderson County v. . Smyth · Rhyne v. . Lipscombe

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

  1. “Courtesy rides given by an employer do not, generally, give rise to liability under compensation statutes. The transportation must be furnished as a real incident of the employment to come within the rule.... An employee who has completed his day's work and ... is riding on a conveyance of the employer upon a public street, pursuant to permission, but not to any obligation on the part of the employer by contract, express or implied, to furnish such transportation, is not engaged in performing any services for his employer. Where an employer merely permits or authorizes the use of his facilities by an employee to return home, it is not considered as being in the course of employment, but as a convenience to the employee. An injury happening under such circumstances does not bring the employee within the compensation act.”
    1 later decision quote this exact passage
  2. ““ ‘The rule has been established in accordance with sound reason that the employer’s liability in such cases depends upon whether the conveyance has been provided by him, after the real beginning of the employment, in compliance with one of the implied or express terms of the contract of employment, for the mere use of the employees, and is one which the employees are required, or as a matter of right are permitted, to use by virtue of the contract. Pursuant to this rule, the employee is in the course of employment if he has a right to the transportation, but not if it is gratuitous, or a mere accommodation. . . . ’ ” (Quoting from Lassiter v. Telephone Co., 215 N.C. 227, 229 , 1 S.E. 2d 542, 543 [1939] and authorities therein cited.)”
    1 later decision quote this exact passage
  3. “"... [W]here the trial court has acted in a matter, every presumption not inconsistent with the record will be indulged in favor of jurisdiction. ..." Nothing else appearing, we apply "the prima facie presumption of rightful jurisdiction which arises from the fact that a court of general jurisdiction has acted in the matter." As a result, "[t]he burden is on the party asserting want of jurisdiction to show such want." ... [Given] the presumption of regularity that attaches to the trial court's decision to exercise jurisdiction, the Court of Appeals had no basis to conclude that the petition was not properly verified.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.