M/v Nicole Trahan M/v Gulfgate Marine Transportation Company Inc M/v Nicole Trahan v. A/s Dampskibsselskabet Svendborg’s Empirical Analysis
10 F.3d 1190 · 1994
Citation profile
7 federal appellate ·
How this case has been cited
Cited by 22 later decisions — most recently September 2016
7 federal appellate ·
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
Applies 28 U.S.C. § 1961
Relies on Crisp v. Rubin · Colonial Village, Inc. v. Spann · The Conqueror · Reeled Tubing, Inc. v. M/v Chad G, Her Engines, Etc., in Rem, Guilbeau Marine, Inc., Grand Isle Shipyard, Inc., in Personam · Delta Steamship Lines, Inc. v. Avondale Shipyards, Inc.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is not the mere fact that a vessel is detained that entitles the owner to demur-rage. There must be a pecuniary loss, or at least a reasonable certainty of pecuniary loss, and not a mere inconvenience arising from an inability to use the vessel. In all cases in which we have allowed demurrage, the vessel has been engaged, or was capable of being engaged, in a profitable commerce, and the amount allowed was determined either by the charter value of such vessel, or by her actual earnings at about the time of the collision----In other words, there must be a loss of profits in its commercial sense.””
1 later decision quote this exact passage · from the majority“"the loss of profits or of the use of a vessel pending repairs, or other detention, arising from a collision or another maritime tort, and commonly spoken of as "demurrage,” is a proper element of damages.... [I]t is equally well settled however, that demur-rage will only be allowed when profits have actually been, or may be reasonably supposed to have been, lost, and the amount of such profits is proven with reasonable certainty.””
1 later decision quote this exact passage · from the majority“[s]omething more than the simple fact that the vessel was laid up for repairs must be shown - a market for the vessel must be shown.”
1 later decision quote this exact passage · from the majority
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.