Smith v. Lincoln’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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While it is true that the liability of a master [or] principal for the tort of his servant or agent is based solely on the doctrine of respondeat superior and the master or principal and his servant or agent are not joint tort-feasors, nevertheless the rules applicable to joint tort-fea-sors generally have been applied and the view has been taken that a release of either party to a master-servant or principal-agent relationship operates to release the other except where a releasor has reserved his right to proceed against the other party.”

   1 later decision quote this exact passage
   e.g. Skylon Corp. v. Guilford Mills, Inc.

2. “Although in the case at bar we have the master and servant relationship between defendants, and not that of joint tort-feasor[s], I am of the opinion that the rule hereinbefore set forth is equally applicable.... "Despite the fact the master and servant are not joint tort feasors, a release to one discharges the other."”

   1 later decision quote this exact passage
   e.g. Skylon Corp. v. Guilford Mills, Inc.