Wright v. Farmers Co-Op’s Empirical Analysis

Citation profile

13 federal appellate · 3 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rule provides that a statement is not hearsay if it is offered against a party and is “a statement by his agent or servant concerning a matter within the scope of his agency or employment, made during the existence of the relationship.” Fed.R.Evid. 801(d)(2)(D). See generally Mahlandt v. Wild Canid Survival & Research Center, Inc., 588 F.2d 626, 629-31 (8th Cir.1978); Farner v. Paccar, Inc., 562 F.2d [518,] 526 [ (8th Cir.1977) ]. The requirements of the rule were satisfied in this case. Hunt testified that he interviewed Sacks at the Co-Op service station and that Sacks was still in defendant’s employ at the time the statement was recorded. Defendant presented no evidence to contradict this testimony. Further, there is no dispute that Sacks was being trained to handle propane and that he was the employee who filled the propane tank on plaintiffs’ motor home. Thus, Sacks’ statement, which dealt with his filling of the Wrights’ propane tank, concerned a matter within the scope of his employment. Under Fed.R.Evid. 801(d)(2)(D), therefore, Sacks’ original statement was not itself hearsay and was properly admissible.”

   1 later decision quote this exact passage · from the majority
   e.g. 430 F. Supp. 2d 852 - Niver v. TRAVELERS INDEMNITY CO OF IL