Huff v. Dunaway’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The employee renders personal service. The independent contractor may or may not. In both cases, the employer exercises authority. Beyond doubt the character of' such authority or control is the usual and generally accepted test. The result to be achieved by the independent contractor is controlled by the employer. But, when the control descends to the details or to the means and methods of performance, we have a servant or employee. * * ■ * ””

   1 later decision quote this exact passage
   e.g. Roybal v. Bates Lumber Company

2. ““ * * * The employment in Dunham v. Billy Walker takes on the character of a ‘borrowing’ by the Holmes Drilling Company of an employee of Walker to assist in a’ work foreign to the engagement that had brought him there.' This' factor injects an element of choice, of voluntariness, on the part of the ‘borrowed’ employee, so desirable in a transaction of this kind. * * * ””

   1 later decision quote this exact passage
   e.g. Wuertz v. Howard

3. ““ * * * what in many cases are considered satisfactory tests, in other cases and under different circumstances, are not satisfactory. * * * ””

   1 later decision quote this exact passage
   e.g. Jaramillo v. Thomas