Potter v. Tucker’s Empirical Analysis
1985
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently February 2017
11 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 Powell v. Construction Co. · 32 Tenn. App. 425 - International Harvester Co. v. Sartain · Johnson v. Woman's Hospital · Wharton Transport Corp. v. Bridges · Truan v. Smith
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘An independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods, and without being subject to control of his employer, except as to the result of his work. The employer of such a contractor, if he be a fit and proper person, and the work be not in itself unlawful or a nuisance in itself, or necessarily attended with danger to others, will not be responsible for his negligence, or that of his subcontractors or his servants. Mr. Thompson, in his work upon Negligence, says that ‘in every case, the decisive question is, had the defendant the right to control, in the given particular, the conduct of the person doing the wrong?’ 2 Thompson on Negligence, 909.’ Powell v. Virginia Construction Co., 88 Tenn. 692, 697-698 , 13 S.W. 691, 692 , 17 Am.St.Rep. 925 . This leading case has been constantly followed in our decisions. See National Optical Stores Co., Inc. v. Bryant, 181 Tenn. 266 , 181 S.W.2d 139 . Also, a full discussion of the rule may be found in D.M. Rose & Co. v. Snyder, 185 Tenn. 499 , 206 S.W.2d 897 .”
1 later decision quote this exact passage
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.