94 Cal. App. 703 - May v. Farrell’s Empirical Analysis
1928
Citation profile
81 state decisions
How this case has been cited
Cited by 82 later decisions — most recently February 2004 · most notably 57 Cal. 2d 463 - Burks v. Poppy Construction Co. (1962), Boynton v. McKales (1956)
81 state decisions — followed in 11 states
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 Zibbell v. Southern Pacific Co. · Green v. Soule · Western Metal Supply Co. v. Pillsbury · Press Publishing Co. v. Industrial Accident Commission · Merrill v. Los Angeles Gas Elec. Co.
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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where the service is not performed at a fixed place, it might properly be held, as was suggested in the above case, that the day’s employment commenced at the hour in the morning when the servant reported for duty, and terminated upon his return in the evening; and it is immaterial in determining the question of agency whether he was going upon or returning from an errand undertaken in pursuit of his master’s business (citing cases), it being sufficient,- as above stated, that he was engaged in acts contributing to the service ; and where the evidence raises the question whether he was so engaged the issue is one for the jury. (Citing cases).””
1 later decision quote this exact passage““ .... As held in Kuhl v. United States Health & Accident Ins. Co., 112 Minn. 197 , 127 N. W. 628 , the terms ‘scope of employment’ and ‘course of employment,’ like negligence, are now generally regarded as conclusions of fact, and under liberal rules of pleading a complaint containing such allegations is sufficient to justify the admission of evidence in support thereof.....””
1 later decision quote this exact passagee.g. Corey v. Beck
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.