Holliday v. Bannister’s Empirical Analysis
1987
Citation profile
2 district · 11 state decisions
How this case has been cited
Cited by 13 later decisions — most recently April 2022
2 district · 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 Cordova v. Gosar · True v. Hi-Plains Elevator MacHinery, Inc. · Noonan v. Texaco, Inc. · 1 Wash. 2d 347 - Carboneau v. Peterson · 18 Utah 2d 164 - Hall v. Blackham
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) an agreement, express or implied, among the members of the group; (2) a common purpose to be carried out by the group; (3) a community of pecuniary interest in that purpose, among the members; and (4) an equal right to a voice in the direction of the enterprise, which gives an equal right of control.”
2 later decisions quote this exact passage“Agency is a fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control and consent. There is no presumption that an agency exists. True v. Hi-Plains Elevator Machinery, Inc., Wyo., 577 P.2d 991 (1978). In Wyoming, the overriding element in determining whether one is an employee or an independent contractor is dependent on whether the employer has a right to control the details of the work whereby liability is sought to be established. Noonan v. Texaco, Inc., Wyo., 713 P.2d 160 (1986) * ⅜ ⅜.”
1 later decision quote this exact passage“We are convinced by the foregoing line of authority that the pecuniary, commercial and business aspects of a joint enterprise are the missing elements necessary to create vicarious liability in the appel- lee. * * * There was absent the contract, a profit motive and equal right of control found in and required by the business relationship of a joint enterprise. Any attempt to warp such a relationship to fit a social event would be unbecoming of the law.”
1 later decision quote this exact passagee.g. Popejoy v. Steinle
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.