Carter v. Wright’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) the extent of control which, by the agreement, the master may exercise over the details of the work; (b) whether or not the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision; (d) the skill required in the particular occupation; (e) whether the employer or the workman supplies the instrumentalities, tools, and the place of work for the person doing the work; (f) the length of time for which the person is employed; (g) the method of payment, whether by the time or by the job; (h) whether or not the work is a part of the regular business of the employer; (i) whether or not the parties believe they are creating the relation of master and servant; and (j) whether the principal is or is not in business.”

   3 later decisions quote this exact passage
   e.g. Bargfrede v. American Income Life Insurance Co. · Jefferson ex rel. Jefferson v. Missouri Baptist Medical Center

2. “None of these elements alone is conclusive, and all must be viewed to see whether control, or the right to control, has been retained over the alleged servant’s physical conduct and the details of the work. [Citation omitted.] “[T]he determining factor is not whether respondent actually exercised control over the work ... [but] whether respondent had the right to exercise that control.””

   1 later decision quote this exact passage
   e.g. Bargfrede v. American Income Life Insurance Co.