Thompson v. Gibbs’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. ““We contend that a school teacher is not on the same footing with a menial servant, and that a contract of this nature is against public policy. The contract of teachers is governed by statute, which provides what it shall contain, and it is not within the power of the school board to insert clauses of this nature. In Thompson v. Gibbs, 97 Tenn. 489 (34 L. R. A. 548), the court says: “‘If school directors can legally import into their contracts of employment of public teachers a clause such as the one in question, this case illustrates the wrong and injustice which may be done under cover of law; and we agree with the solicitor of defendant that “ such an injustice should not be sanctioned by the courts unless the law clearly permits it. ” But independent of the injury that may be done to the individual, public policy would forbid the recognition of such power unless it is distinctly conferred by the statutes. As has been well urged, if school directors can provide, as in this case, for annulling contracts at the end of four months, they can also reserve the right to terminate them at the end of one month, or at their own pleasure.’ ””

   1 later decision quote this exact passage
   e.g. Kingston v. School District No. 5