The Columbian’s Empirical Analysis

Citation profile

10 federal appellate · 4 district ·

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

1. ““We are not unmindful that both the Circuit and District Court came to a conclusion different from ours as to the alleged fault of the steamer. Their judgments' aré entitled to, and have received, our most respectful consideration. Their concurrence raises a presumption, prima facie, that they are correct. Mere doubts should not be permitted to disturb them. But the presumption referred to may be rebutted. The right of appeal to this court is a substantial right, and not a shadow. It involves examination, thought, and judgment. Where our convictions are clear, and differ from those of the learned judges below, we may not abdicate the performance of the duty which the law imposes upon us by declining to give our own judicial effect.””

   1 later decision quote this exact passage · from the majority
   e.g. The Kalfarli

2. ““The captain had come on deck, and he had heard the horn Plowing while he was below. He had followed the sea for over 20 years, and had been a master for over 11. The lookout had followed the sea for over 30' years, and the man aft for 23. The result was to have bred in these men an instinct to give the proper number .of blasts for the tack the vessel was on, especially after the steamer was heard approaching, and also to lead the man at the wheel and the master to have done as the latter testified he would have done in case there had heen but single blasts; that is to say, to haye corrected the error in the quick and emphatic language of those who follow the sea.””

   1 later decision quote this exact passage · from the majority
   e.g. Palmer v. Merchants' & Miners' Transp. Co.

3. ““Even If the schooner’s helm had been free, and she had had a helmsman, and her deck had been manned to the satisfaction of the Columbian, nothing would have come therefrom, because the schooner would not have been justified in availing herself of all these things for the only purpose for which she could have availed herself of them under the circumstances; that is, making a change of course.” '”

   1 later decision quote this exact passage · from the majority
   e.g. The Fannie Hayden