McCown v. Hines’s Empirical Analysis

Citation profile

28 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The finding of a jurisdictional fact by the Industrial Commission is not conclusive upon appeal even though there be evidence in the record to support such finding. The reviewing court has the right, and the duty, to make its own independent findings of such jurisdictional facts from its consideration of all the evidence in the record." ... This Court makes determinations concerning jurisdictional facts based on the greater weight of the evidence.”

   7 later decisions quote this exact passage
   e.g. 256 N.C. App. 635 - Hall v. U.S. Xpress, Inc. · 254 N.C. App. 362 - Bentley v. Jonathan Piner Constr.

2. “(a) is engaged in an independent business, calling or occupation; (b) is to have the independent use of his special skill, knowledge, or training in the execution of the work; (c) is doing a specified piece of work at a fixed price or for a lump sum or upon a quantitative basis; (d) is not subject to discharge because he adopts one method of doing the work rather than another; (e) is not in the regular employ of the other contracting party; (f) is free to use such assistants as he may think proper; (g) has full control over such assistants; and (h) selects his own time.”

   6 later decisions quote this exact passage
   e.g. 254 N.C. App. 362 - Bentley v. Jonathan Piner Constr. · Mills v. Triangle Yellow Transit

3. “[T]he existence of an employer-employee relationship at the time of the injury constitutes a jurisdictional fact.”

   3 later decisions quote this exact passage
   e.g. 260 N.C. App. 504 - Burgess v. Smith · 254 N.C. App. 362 - Bentley v. Jonathan Piner Constr.