Silva v. Haake’s Empirical Analysis

Citation profile

6 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. ““§ 229. Kind of Conduct within Scope of Employment. “(1) To be within the scope of the employment, conduct must be of the same general nature as that authorized, or incidental to the conduct authorized. “(2) In determining whether or not the conduct, although not authorized, is nevertheless so similar to or incidental to the conduct authorized as to be within the scope of employment, the following matters of fact are to be considered: “(a) whether or not the act is one commonly done by such servants; “(b) the time, place and purpose of the act; “(c) the previous relations between the master and the servant; “(d) the extent to which the business of the master is apportioned between different servants; “(e) whether or not the act is outside the enterprise of the master or, if within the enterprise, has not been entrusted to any servant; “(f) whether or not the master has reason to expect that such an act will be done; (g) the similarity in quality of the act done to the act authorized; “(h) whether or not the instrumentality by which the harm is done has been furnished by the master to the servant; “(i) the extent of departure from the normal method of accomplishing an authorized result; and “(j) whether or not the act is seriously criminal.””

   1 later decision quote this exact passage
   e.g. Lang v. Cruz