5 N.C. App. 657 - Brotherton v. Paramore’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendant, Paramore, and the State Highway Commission are not alleged to be joint tort-feasors; the recovery against the Highway Commission was upon the principle of respondeat superior. There is no negligent conduct alleged against anyone but Paramore and the ultimate liability was his; liability of the Highway Commission is predicated solely upon the principle of respondeat superior. Recovery against it was bottomed upon negligence of Paramore while acting as its employee within the course of his employment. We think the rationale of the opinion in Bowen v. Insurance Co., 270 N.C. 486 , 155 S.E. 2d 238 , is clearly applicable here. The plaintiff has recovered damages from and has been paid by Paramore’s employer for the negligence of Paramore at the time and place in question in this lawsuit; plaintiff cannot now, in an independent action against Paramore, seek to enhance his original recovery.””

   1 later decision quote this exact passage
   e.g. 55 N.C. App. 387 - Brown v. Vance