Newman v. Sears, Roebuck & Co.’s Empirical Analysis

Citation profile

6 federal appellate · 11 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 31. The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, except that the lessee must repair all deteriorations or injuries thereto occasioned by his ordinary negligence. "§ 32. If within a reasonable time after notice to the lessor of dilapidations which he ought to repair, he neglects to do so, the lessee may repair the same himself, and deduct the expense of such repairs from the rent, or otherwise recover it from the lessor; or the lessee may vacate the premises, in which case he shall be discharged from further payment of rent, or performance of other conditions.”

   1 later decision quote this exact passage
   e.g. James Beard, Jr., and Mary Elizabeth Beard v. The General Real Estate Corporation

2. ““ ‘One of the most important tests to be applied in determining whether a person who is doing work for another is an employee or an independent contractor is whether the person for whom the work is done has the right to control, not merely the result, but the manner in which the work is done, as well as the method used.’ Janneck v. Workmen’s Compensation Bureau, 67 N.D. 303 , 272 N.W. 188, 189 . See also Bernardy v. Beals, 75 N.D. 377 , 28 N.W.2d 374 and cases cited.” Newman v. Sears, Roebuck & Co., 77 N.D. 466 , 43 N.W.2d 411, 414 (1950).”

   1 later decision quote this exact passage
   e.g. Fettig v. Whitman

3. ““One who contracts to construct a building for another, in accord with a stipulated plan, without being subject to the latter’s superintendence, orders, or control in respect of the details of the work; who has absolute control of the work, may work such hours as he sees fit to work, may do the work himself or employ others to assist, and is to be paid a definite, stipulated sum when the building has been fully completed, is not an employee but is an independent contractor.””

   1 later decision quote this exact passage
   e.g. Fettig v. Whitman