O'Neill v. Blase’s Empirical Analysis
1902
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently December 1972 · most notably McElvain v. St. Louis & San Francisco Railroad (1910), Stover Bedding Co. v. Industrial Commission (1940)
27 state decisions
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 Muller v. . McKesson · Stephens v. Hannibal & St. Joseph Railroad · Paddock v. Somes · Feary v. Metropolitan Street Railway Co. · Russell v. Inhabitants of Columbia
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Plaintiff was injured by the carelessness of one Seals, employed by the agent of the defendant company to unload coal cars at $1.50 or $2.50 a car. Seals was not controlled in unloading the cars. At the time of the injury, while thus unloading coal for a brewery on the levee in New Orleans, he carelessly threw a heavy board from a car and injured plaintiff. The employee owned his shovel, and occasionally employed a hand to help him. The court' held that Seals was not an independent contractor, but merely a servant of the railway company. In making that ruling it was said to be immaterial that he was paid by the car for his work. The court further held that persons working by the piece are not necessarily independent contractors. The criterion of responsibility was considered to depend on the nature of the work and the relation of the parties as ascertained by the circumstances of the case.””
1 later decision quote this exact passage““The employee claimed to be an independent contractor was a teamster who delivered coal for defendant at so much per ton. Pie owned the team and running gear of his wagon, while defendant furnished him the wagon box. The injury complained of occurred from his carelessness in failing to properly close a coal hole on certain premises, where, under the agreement aforesaid, he had delivered coal to a customer of defendant. In a careful review of the law Judge Vanderburg said that, in determining the question whether the relation of the teamster and employer was that of master and servant, it was not material whether the former was ‘paid by the load, by the hour, or by the day, for his work.’ ””
1 later decision quote this exact passage
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.