Barnes v. Fernandez’s Empirical Analysis
1974
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently December 2003
17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Simblest v. Maynard · Tyler v. Jensen · Holstedt v. Neighbors · Sun Land & Cattle Co. v. Brown · Svalina v. Big Horn National Life Insurance Co.
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Whether Mr. Boone, at the time of the accident, was acting within the scope of his employment; (2) Whether or not Mr. Boone was an independent contractor or an employee or vice principal whose acts are imputable to Combined Insurance; (3) Whether the court committed prejudicial error in admitting the Boone blood-alcohol test; (4) Whether there was prejudicial evidence in the court’s instruction on the effect of intoxication; (5) Whether alleged misconduct of counsel deprived the appellant a fair trial in the area of the damages award; (6) Whether there was evidence of Boone’s negligence; and (7) Whether the jury’s award was excessive in that (a) It indicates passion and prejudice; (b) It was aided by improper argument of counsel; (c) It was aided by the erroneous instructions of the court; and (d) It was not supported by sufficient competent evidence.”
1 later decision quote this exact passage · from the majority“"The determination of whether the relationship of master and servant exists is ordinarily one of fact to be determined by the jury and it is only where the pertinent facts are not in dispute and but one reasonable inference could be drawn that the question becomes one of law for the courts to decide, Tyler v. Jensen, 75 Wyo. 249 , 295 P.2d 742, 749 ; 57 C.J.S. Master and Servant § 617, p. 408; and it is only when the conduct of an employee is shown clearly to be either within or beyond the scope of his employment that such determination can be made as a matter of law. Sun Land & Cattle Co. v. Brown, Wyo., 394 P.2d 387, 390 ."”
1 later decision quote this exact passage · from the majority““Whether the evidence is sufficient to create an issue of fact for the jury is solely a question of law to be determined by the court, and upon appeal the reviewing court gives no deference to the view of the trial court. Wright & Miller, Federal Practice and Procedure: Civil § 2524, Vol. 19, pp. 541-542.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.