DeArman v. Popps’s Empirical Analysis

Citation profile

6 federal appellate · 2 district · 31 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““One who entrusts work to an independent contractor, but who retains control of any part of the work, is subject to liability for physical harm to others for whose safety the employer owes a duty to exercise reasonable care, which is caused by his failure to exercise his control with reasonable care.””

   5 later decisions quote this exact passage
   e.g. Bramer v. United States · Flynn v. United States

2. ““ ‘... The employer may, however, retain control less than that which is necessary to subject him to liability as master. He may retain only the power to direct the order in which the work shall be done____ Such a supervisory control may not subject him to liability under the principles of Agency, but he may be liable under the rule stated in this Section unless he exercises his supervisory control with reasonable care so as to prevent the work which he has ordered to be done from causing injury to others.’ ””

   2 later decisions quote this exact passage
   e.g. Snyder v. Celsius Energy Co. · Moulder v. Brown

3. ““ * * * [Wjhere an appeal is taken from a summary judgment, this court will review the testimony in the most favorable aspect it will bear in support of plaintiff’s claim of the right to present the merits of his case to the fact-finder.. (Citations omitted.) Litigants are entitled to the right of trial where there-is the slightest doubt as to the facts. * *" “Particularly with respect to the use-of summary judgment in a negligence-action, 6 Moore’s Federal Practice 2232,. § 56.17(42), states as follows: “ ‘ [It is] the general proposition that issues of negligence, including such related issues as contributory negligence,, are ordinarily not susceptible of summary adjudication either for or against the claimant, but should be resolved by trial in the ordinary manner.’ “It would seem that, especially in negligence cases, the weight of authority is to deny summary judgment, for the obvious reason that there are ordinarily material fact issues to be determined. In the few cases cited by Professor Moore in which summary judgment was-granted in negligence cases, it has been done only when it appeared that the party seeking the summary judgment could in no sense have been determined responsible, or where the plaintiff actually admitted no negligence, or failed to deny that the accident happened in such a manner as to show lack of negligence.””

   1 later decision quote this exact passage
   e.g. Cortez v. Martinez