Fountain v. Walker’s Empirical Analysis
1953
Citation profile
6 federal appellate · 3 state decisions
How this case has been cited
Cited by 9 later decisions — most recently June 1981
6 federal appellate · 3 state decisions
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 American Nat. Ins. Co. v. Denke · American National Insurance v. Denke · Kennedy v. American National Insurance · Henderson County v. Holland · Antilley v. Jennings
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * Assuming, without deciding, that Gonzales was an employee of defendant, driving the car on his way to Olney, the place where he was to work, we believe, however, that the evidence is insufficient to sustain the finding of the jury that he was acting in the course of his employment at the time of the collision. “The evidence is undisputed that the automobile in which Gonzales and the other Mexicans were riding belonged to Faustino Maza. There is no evidence of either expressed or implied authority from Walker to Gonzales or the other two Mexicans to use this automobile in connection with their work. There are no facts or circumstances in the record which show or tend to show that the work of Gonzales and the other Mexicans was such as to make the use of an automobile a thing necessarily contemplated by the parties as a part of their contract of employment, or that Walker exercised any control over its operation. # * * “* * * There is no evidence that Walker had any control over the operation of the automobile. There is no evidence that these men or any other employees of Walker had ever before used this or any other automobile not belonging to Walker in going to and from their work. The evidence is all to the contrary. There is no evidence that Walker either expressly or implied- ■ ly required or authorized the use of this car at the time of the collision or at any other time or place with reference to his work. We believe the law is well settled that plaintiff cannot r”
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.