Hess v. United States’s Empirical Analysis
282 F.2d 633 · 1960
Citation profile
1 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on Hess v. United States · Walters v. Dock Commission · Warner v. Synnes · Hess v. United States · Myers v. Staub
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In our view, however, an owner who remains in possession and through its own employees continues active work thereon must accept responsibility for the risks and dangers associated with such work, despite any contractual arrangement it may have to perform that work in a manner requested by others. It may no more delegate its responsibility in- this regard than may an employer.””
1 later decision quote this exact passage · from the majority““There was here a commingling of function or duty between Graham and the employees of the government. A contractual relationship existed between their respective employers, and the positioning of the spillway gates by the government’s employees had a direct effect upon the performance of Graham’s duties. A shoulder-to-shoulder commingling is not required.””
1 later decision quote this exact passage · from the majority
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.