Gooden & Clark v. Mitchell’s Empirical Analysis

Citation profile

1 district · 14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a)the extent of control, which, by the agreement, the master may exercise over the details of the work; (b) whether or not the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision; (d) the skill required in the particular occupation; (e) whether the employer or the workman supplies the instrumentalities, tools, and the place of work for the person doing the work; (f) the length of time for which the person is employed; (g) the method of payment, whether by the time or by the job; (h) whether or not the work is a part of the regular business of the employer; (i) whether or not the parties believe they are creating the relation of master and servant; and (j) whether the principal is or is not in business.”

   2 later decisions quote this exact passage
   e.g. Falconi v. Coombs & Coombs, Inc. · Fisher v. Townsends, Inc.

2. ““(8) ‘Employee’ means every person in service of any corporation (private, public, municipal or quasi-public), association, firm or person, excepting those employees excluded by this subchapter, under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration ...” 19 Del.C. § 2301(8). (Emphasis added).”

   2 later decisions quote this exact passage
   e.g. Harleysville Mutual Insurance v. Five Points Fire Co. No. 1, Inc. · Weiss v. Security Storage Company

3. ““There are other well recognized and fairly typical indicia of the status of an independent contractor; that is, a contractor’s obligation to furnish his tools, supplies, materials used in the work, the element of time of said employment, the method of payment, whether the work is part of the regular business of the employer, and whether or not the employer has the privilege to terminate the same at his convenience or command. jfs ‡ ‡ % ^ “In connection with what I have just said, it must be recognized as a practical proposition that under every contract requiring work to be done the employer reserves a certain amount of control. For instance, at all times the employer reserves the right to see that the contract to be performed is performed according to designated specifications. Such a control or exercise over the work to be performed would not necessarily render an independent contractor a mere employee, as the relationship of employer and employee is not deductible from a reservation of power which does not take away from the contractor his right to perform the contract according to his own ideas, as long as his work in completing the contract is consistent with the terms and specifications thereof. 27 Am. Jr. 488. “The test most indicative as to whether or not a person is an independent contractor, or an employee, lies in the control of the work which is reserved by the employer. It is not necessarily the exercise of control or interference by the employer, but the existe”

   1 later decision quote this exact passage
   e.g. Weiss v. Security Storage Company