In Re Dudley’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ We reiterate that the vital test to prove the existence of the employer-employee relationship is whether or not the employer has retained the right to control. The right to control on the other hand is best established by the right in the employer ... to discharge the employee at will,’ ””

   3 later decisions quote this exact passage
   e.g. Cardello v. Mt. Hermon Ski Area, Inc. · Michaud v. Charles R. Steeves & Sons, Inc.

2. ““In an action under the Act by a person who in addition to his regular work under his general employment with the defendant performs other special work which benefits his employer and forms an integral part of the regular operation of the business of the employer is presumed to be in the relationship of employee-employer, and if the defendant seeks to avoid liability under the Act on the ground that such person was an independent contractor, the burden is upon the employer who asserts such defense to show the fact. Murray’s Case, supra, 130 Me. 181, 184 , 154 A. 352 , 75 A.L.R. 720 ; Dobson’s Case, 124 Me. 305, 309 , 128 A. 401 , 42 A.L.R. 603 .””

   1 later decision quote this exact passage
   e.g. Madore v. Liberty National Bank

3. ““ ‘Employee’ shall include . . . every person in the service of another under any contract of hire, express or implied, oral or written . . . . ””

   1 later decision quote this exact passage
   e.g. Owen v. Royal Industries, Inc.