Taylor v. Gill’s Empirical Analysis

Citation profile

4 federal appellate · 23 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The burden of proving an agency relationship lies with the party asserting its existence. B.J. McAdams, Inc. v. Best Refrigerated Express, Inc., 265 Ark. 519 , 579 S.W.2d 608 (1979). This court has used different definitions of agency that were appropriate for the particular cases, but each of them includes the element of control by the principal. In Evans v. White, 284 Ark. 376 , 682 S.W.2d 733 (1985) and Campbell v. [Bastian], 236 Ark. 205 , 365 S.W.2d, we adopted the definition of agency contained in the Restatement (Second) of Agency. We said the two essential elements of an agency relationship are (1) that an agent have the authority to act for the principal and (2) that the agent act on the principal’s behalf and be subject to the principal’s control. In Hinson v. Culberson-Stowers Chevrolet, Inc., 244 Ark. 853 , 427 S.W.2d 539 (1968), we examined the Restatement definition together with a quote from 2 Am. Jur. 13 , Agency § 2 and concluded that the essential elements for a showing of the agency relationship were authorization and control.”

   1 later decision quote this exact passage
   e.g. Newberry v. Scruggs