Abbott v. Donathon’s Empirical Analysis

Citation profile

18 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. “We feel that the power of termination is of great importance in this case because the facts are so similar to those in Burruss . That case also involved an alleged employee who was killed while hauling material in his own truck. In that case there was the same lack of "superintendence" or of "authoritative control," which defendants rely upon here. In cases involving hauling there is likely to be little actual direction other than as to time and place. Since the factor of actual control of details, often relied upon by courts in resolving this same issue, is not likely to be helpful here, the importance of other tests, such as power of termination and method of payment, is magnified.”

   1 later decision quote this exact passage
   e.g. Matkins v. Zero Refrigerated Lines, Inc.

2. “Work not casual employment. — As used in the Workmen’s Compensation Act [59-10-1 to 59-10-37], unless the context otherwise requires, where any employer procures any work to be done wholly or in part for him, by a contractor other than an independent contractor, and the work so procured to be done is a part or process in the trade or business or undertaking of such employer, then such employer shall be liable to pay all compensation under the Workmen’s Compensation Act to the same extent as if the work were done without the intervention of such contractor. And the work so procured to be done shall not be construed to be “casual employment.” [Emphasis added].”

   1 later decision quote this exact passage
   e.g. Burton v. Crawford and Company

3. “As used in the Workmen’s Compensation Act, . . . “partial disability” means a condition whereby a workman, by reason of injury arising out of and in the course of his employment, is unable to some percentage-extent to perform the usual tasks in the work he was performing at the time of his injury and is unable to some percentage-extent to perform any work for which he is fitted by age, education, training, general physical and mental capacity and previous work experience. [Emphasis added]”

   1 later decision quote this exact passage
   e.g. Barger v. Ford Sales Company, Inc.