Kasner v. Gage’s Empirical Analysis

Citation profile

2 district · 16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) whether or not the act is one commonly done by such servants; [[Image here]] (c) the previous relations between the master and the servant; [[Image here]] (e) whether or not the act is outside the enterprise of the master [[Image here]] (f) whether or not the master has reason to expect that such an act will be done; (g) the similarity in quality of the act done to the act authorized; (h) whether or not the instrumentality by which the harm is done has been furnished by the master to the servant; (i) the extent of departure from the normal method of accomplishing an authorized result; and (j) whether or not the act is seriously criminal.”

   1 later decision quote this exact passage
   e.g. Hagen v. American Agency, Inc.

2. “The Restatement of Agency is a normative statement of principles for determining when a master or principal may be liable for the tortious or criminal acts of a servant or other agent when ... the principal has not actually authorized or ratified unlawful conduct.”

   1 later decision quote this exact passage
   e.g. Leafgreen v. American Family Mutual Insurance Co.