Cook v. Knox’s Empirical Analysis

Citation profile

2 federal appellate · 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No. 7. In order to aid you'in determining whether the defendant was or was not an independent contractor, I will outline to you some of the general principals of law on this subject to aid you in your determination of this fact question. You will consider these general rules, together with all of the facts and circumstances appearing in evidence in this case in arriving at an •answer to this fact question.” “No. 8. You are instructed that an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own method, and without being subject to the control of his employer except as to the result of the work. “In considering the question as to whether the defendant in this case was an independent contractor or merely skilled employee using his own tools and equipment at the time of the accident, you should consider all of the evidence bearing upon his employment by the owners of the premises where the accident occurred. In determining whether in a given situation a person is an independent contractor or an employee, among the factors to be considered are whether the contractor is carrying on an independent business; whether the work is part of the employers general business; the nature and extent of the work; the skill required; the term and duration of the relationship ; the right to assign the work to another; the power to terminate the relationship; the existence of a contract for the performance of a specified piec”

   1 later decision quote this exact passage
   e.g. Page v. Hardy

2. “Title 12 O.S. § 1053 provides in part: “When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his personal representative if he is also deceased, ■if the former might have maintained .an action had he lived, against the latter, or his representative, for an injury for the same act or omission. * * * ””

   1 later decision quote this exact passage
   e.g. Lane v. Hughes

3. ““We are of the view and so hold that the question as to whether Cook was the agent and employee, or was an independent contractor at the time of the accident was, under this record, a dis.-puted question of fact, and that the issue was properly submitted to the jury under correct statements of the law.””

   1 later decision quote this exact passage
   e.g. Continental Oil Company v. Elias