decisive test (South Carolina) · Go Syfert
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decisive test in South Carolina

5 South Carolina opinions name it 2 courts 1986–2010 0 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Young v. Warrgreen
sc · 1969 · cited in 3 South Carolina opinions naming this issue, 1986–2009
2 sentences

2009Keitz v. National Paving & Contracting Co., 214 Md. 479 , 134 A.2d 296 (1957); see Fernander v. Thigpen, 278 S.C. 140, 144 , 293 S.E.2d 424, 426 (1982) (“The test to determine agency is whether or not the purported principal has the right to control the conduct of his alleged agent.”) (Emphasis theirs); Young v. Warr, 252 S.C. 179, 189 , 165 S.E.2d 797, 802 (1969) (“The general test applied is ... whether there exists the right and authority to control and direct the particular work or undertaking, as to the manner or means of its accomplishment.”); DeBerry v. Coker Freight Lines, 234 S.C. 304

2009Keitz v. National Paving & Contracting Co., 214 Md. 479 , 134 A.2d 296 (1957); see Fernander v. Thigpen, 278 S.C. 140, 144 , 293 S.E.2d 424, 426 (1982) (“The test to determine agency is whether or not the purported principal has the right to control the conduct of his alleged agent.”) (Emphasis theirs); Young v. Warr, 252 S.C. 179, 189 , 165 S.E.2d 797, 802 (1969) (“The general test applied is ... whether there exists the right and authority to control and direct the particular work or undertaking, as to the manner or means of its accomplishment.”); DeBerry v. Coker Freight Lines, 234 S.C. 304

23
DeBerry v. Coker Freight Linesgreen
sc · 1959 · cited in 2 South Carolina opinions naming this issue, 1986–2009
2 sentences

2009Keitz v. National Paving & Contracting Co., 214 Md. 479 , 134 A.2d 296 (1957); see Fernander v. Thigpen, 278 S.C. 140, 144 , 293 S.E.2d 424, 426 (1982) (“The test to determine agency is whether or not the purported principal has the right to control the conduct of his alleged agent.”) (Emphasis theirs); Young v. Warr, 252 S.C. 179, 189 , 165 S.E.2d 797, 802 (1969) (“The general test applied is ... whether there exists the right and authority to control and direct the particular work or undertaking, as to the manner or means of its accomplishment.”); DeBerry v. Coker Freight Lines, 234 S.C. 304

2009Keitz v. National Paving & Contracting Co., 214 Md. 479 , 134 A.2d 296 (1957); see Fernander v. Thigpen, 278 S.C. 140, 144 , 293 S.E.2d 424, 426 (1982) (“The test to determine agency is whether or not the purported principal has the right to control the conduct of his alleged agent.”) (Emphasis theirs); Young v. Warr, 252 S.C. 179, 189 , 165 S.E.2d 797, 802 (1969) (“The general test applied is ... whether there exists the right and authority to control and direct the particular work or undertaking, as to the manner or means of its accomplishment.”); DeBerry v. Coker Freight Lines, 234 S.C. 304

22
Fernander v. Thigpengreen
sc · 1982 · cited in 2 South Carolina opinions naming this issue, 1986–2009
2 sentences

2009Keitz v. National Paving & Contracting Co., 214 Md. 479 , 134 A.2d 296 (1957); see Fernander v. Thigpen, 278 S.C. 140, 144 , 293 S.E.2d 424, 426 (1982) (“The test to determine agency is whether or not the purported principal has the right to control the conduct of his alleged agent.”) (Emphasis theirs); Young v. Warr, 252 S.C. 179, 189 , 165 S.E.2d 797, 802 (1969) (“The general test applied is ... whether there exists the right and authority to control and direct the particular work or undertaking, as to the manner or means of its accomplishment.”); DeBerry v. Coker Freight Lines, 234 S.C. 304

2009Keitz v. National Paving & Contracting Co., 214 Md. 479 , 134 A.2d 296 (1957); see Fernander v. Thigpen, 278 S.C. 140, 144 , 293 S.E.2d 424, 426 (1982) (“The test to determine agency is whether or not the purported principal has the right to control the conduct of his alleged agent.”) (Emphasis theirs); Young v. Warr, 252 S.C. 179, 189 , 165 S.E.2d 797, 802 (1969) (“The general test applied is ... whether there exists the right and authority to control and direct the particular work or undertaking, as to the manner or means of its accomplishment.”); DeBerry v. Coker Freight Lines, 234 S.C. 304

22
Jamison v. Morrisgreen
sc · 2009 · cited in 1 South Carolina opinions naming this issue, 2010–2010
2 sentences

2010See Jamison v. Morris, 385 S.C. 215, 221 , 684 S.E.2d 168, 171 (2009) (“The decisive test in determining whether the *189 relation of master and servant exists is whether the purported master has the right or power to direct and control the servant in the performance of his work and in the manner in which the work is to be done.”).

2010See Jamison v. Morris, 385 S.C. 215, 221 , 684 S.E.2d 168, 171 (2009) (“The decisive test in determining whether the *189 relation of master and servant exists is whether the purported master has the right or power to direct and control the servant in the performance of his work and in the manner in which the work is to be done.”).

11
Felts v. Richland Countygreen
scctapp · 1989 · cited in 1 South Carolina opinions naming this issue, 1991–1991
2 sentences

1991“The decisive test in determining whether the relation of master and servant [or employer and employee] exists is whether the purported master [or employer] has the right or power to direct and control the servant [or employee] in the performance of [the] work and in the manner in which the work is to be done.” Felts v. Richland County, 299 S.C. 214, 217 , 383 S.E. (2d) 261, 263 (Ct. App. 1989).

1991“The decisive test in determining whether the relation of master and servant [or employer and employee] exists is whether the purported master [or employer] has the right or power to direct and control the servant [or employee] in the performance of [the] work and in the manner in which the work is to be done.” Felts v. Richland County, 299 S.C. 214, 217 , 383 S.E. (2d) 261, 263 (Ct. App. 1989).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Keitz v. National Paving & Contracting Co. green
md · 1957
2 sentences

2009Keitz v. National Paving & Contracting Co., 214 Md. 479 , 134 A.2d 296 (1957); see Fernander v. Thigpen, 278 S.C. 140, 144 , 293 S.E.2d 424, 426 (1982) (“The test to determine agency is whether or not the purported principal has the right to control the conduct of his alleged agent.”) (Emphasis theirs); Young v. Warr, 252 S.C. 179, 189 , 165 S.E.2d 797, 802 (1969) (“The general test applied is ... whether there exists the right and authority to control and direct the particular work or undertaking, as to the manner or means of its accomplishment.”); DeBerry v. Coker Freight Lines, 234 S.C. 304

2009Keitz v. National Paving & Contracting Co., 214 Md. 479 , 134 A.2d 296 (1957); see Fernander v. Thigpen, 278 S.C. 140, 144 , 293 S.E.2d 424, 426 (1982) (“The test to determine agency is whether or not the purported principal has the right to control the conduct of his alleged agent.”) (Emphasis theirs); Young v. Warr, 252 S.C. 179, 189 , 165 S.E.2d 797, 802 (1969) (“The general test applied is ... whether there exists the right and authority to control and direct the particular work or undertaking, as to the manner or means of its accomplishment.”); DeBerry v. Coker Freight Lines, 234 S.C. 304

21986–2009
Watkins v. Mobil Oil Corp. green
scctapp · 1986
1 sentence

1989Young v. Warr, 252 S. C. 179, 165 S. E. (2d) 797 (1969); Watkins v. Mobil Oil Corp., 291 S. C. 62, 352 S. E. (2d) 284 (Ct. App. 1986).

11989–1989

Where else courts name it

NY 49 (1891–2024) DC 42 (1968–2022) IL 34 (1894–2016) OK 28 (1926–2020) CT 27 (1919–2018) MD 24 (1951–2020) TX 17 (1923–2014) MO 17 (1914–2007) CA 17 (1928–2015) MA 13 (1903–2003) IA 12 (1912–2023) AL 12 (1843–1997) NJ 9 (1909–2007) MN 9 (1897–1998) PA 9 (1932–2017) AZ 9 (1955–2016) RI 9 (1937–2010) IN 9 (1898–2011) NM 8 (1937–2010) OH 7 (1945–2021) AR 7 (1943–1996) ME 6 (1921–1973) MI 5 (1934–2017) SC 5 (1986–2010) VA 5 (1897–2006) NC 4 (1882–1995) GA 4 (1940–1993) ID 4 (1923–1997) LA 4 (1959–1981) FL 4 (1914–2018) KS 4 (1912–1980) OR 3 (1912–1976) DE 3 (1981–1991) WA 3 (1931–1960) KY 3 (1914–1949) CO 3 (1974–2025) WY 2 (1951–2004) WI 2 (1982–2013) WV 2 (1904–2014) NE 2 (1968–1991) UT 2 (1937–1938) PR 2 (1963–1964)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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