Ishmael v. Henderson’s Empirical Analysis
1955
Citation profile
22 state decisions
How this case has been cited
Cited by 23 later decisions — most recently August 2017
22 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 Matter of De Noyer v. . Cavanaugh · Aderhold v. Bishop · McDowell v. Duer · Employers' L. A. Corp. v. Indus. Acc. Com. · Scribner's Case
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * This court has applied the ‘loaned servant’ doctrine in two cases arising under the Workmen’s Compensation Act of this state, namely, Byrne Doors, Inc. v. State Industrial Commission, 193 Okl. 541 , 145 P.2d 754 , and Crutchfield v. Melton, Okl., 270 P. 2d 642 . In both of those cases, however, we merely sustained an award against the special or borrowing master on the basis of the facts of the particular case, and the facts in the case at bar are in no wise identical with the facts in either of those cases. We did not hold in either of those cases that the general or lending employer is necessarily freed from liability by the act of hiring out his employees to third persons to be used by them in the performance of their work. * * * ””
3 later decisions quote this exact passage““One who has the status of general servant or employee may be lent or hired by his master to another for some special service so as to become, as to that service, the servant of such third person, the test being whether, in the particular service which he is engaged to perform, he continues to be under the direction and control of his master or becomes subject to that of the person to whom he has been lent or hired. * * '* However, the conclusion as to his status is the same regardless of the showing as to whether the person to whom he has been lent actually exercises his right of control or direction as to the details of the work or simply sets the servant to do what is necessary, trusting to his expert skill for the result.”' (Emphasis supplied.)”
2 later decisions quote this exact passage““In the case at bar, Evans was not engaged in the business of hiring out tractors and bulldozers with drivers for them. * * * ””
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.