Powell v. Construction Co.’s Empirical Analysis

Citation profile

27 federal appellate · 127 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 172 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods, without being subject to the control of his employer, or others, except as to the end results of his work.”

   2 later decisions quote this exact passage
   e.g. Pottorff v. Fidelity Coal Mining Co. · Dudley K. Terry, and Thomas K. Terry, by His Father and Next Friend, Dudley K. Terry v. Memphis Stone and Gravel Company

2. ““When one person lends his servant to another for a particular employment, the servant for anything done in that particular employment must be dealt with as the servant of the man to whom he was lent, although he remains the general servant of the person who lent him.””

   1 later decision quote this exact passage
   e.g. American Express Co. v. O'Connor

3. ““The better test would seem to be: Was he, in regard to the particular matter in which he was employed, doing the work of a general master, or was he engaged in doing the work of another, over whom the general master had no control?””

   1 later decision quote this exact passage
   e.g. Otis Steel Co. v. Wingle