Fernander v. Thigpen’s Empirical Analysis
1982
Citation profile
8 federal appellate · 57 state decisions
How this case has been cited
Cited by 86 later decisions — most recently November 2019 · most notably 190 W. Va. 711 - Teter v. Old Colony Co. (1994), R & G Const., Inc. v. Lrta (2000)
8 federal appellate · 57 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 Wells v. Whitaker · Murphy v. Holiday Inns, Inc. · Hubbard v. Rowe · Fochtman v. Clanton's Auto Auction Sales · Jamison v. Howard
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The test to determine agency is whether or not the purported principal has the right to control the conduct of his alleged agent.”
2 later decisions quote this exact passage“Generally agency may be implied or inferred and may be circumstantially proved by the conduct of the purported agent exhibiting a pretense of authority with the knowledge of the alleged principal. Fochtman v. Clanton’s Auto Auction Sales, 233 S.C. 581 , 106 S.E.2d 272 (1958). The doctrine of apparent authority provides that the principal is bound by the acts of its agent when it has placed the agent in such a position that persons of ordinary prudence, reasonably knowledgeable with business usages and customs, are led to believe the agent has certain authority and they in turn deal with the agent based on that assumption.”
1 later decision quote this exact passage“[i]n the ordinary personal injury case the injured person does not rely upon authority of any kind in getting hurt”
1 later decision quote this exact passagee.g. Cefaratti v. Aranow
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.