Elmslie v. Hagar’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. ““But the parties have treated the agreement of January 5th, concerning notice, as modifying the apparently contradictory agreement of February 18th, so as to allow for discharge of the locomotives and car material 35 days instead of 41. Accepting this construction, the final result appears to be that the ship would have at least 7 days to unload the general cargo, and might have more. In fact, she had 5 days more, making 12 in all; for the consignees of the locomotives, who were themselves to unload this part of the cargo, used only 30 days in so doing. The single question, therefore, to be considered, is whether the libelants’ claim for an additional 13 days should be allowed. Only 8 of these days were actually occupied in unloading cargo, the charge for the remaining 3 arising under the following circumstances: The ship arrived at Rio on Saturday, March 23d, and on the morning- of that day the master called upon the respondents’ agents, in order to have his inward customs business attended to. This visit was in accordance with instructions received from the respondents before the ship sailed from New York, hut by some oversight the agents had not been notified of the instructions, and declined to act. They recommended the captain to apply to another firm of brokers, to whom he had also received a letter of introduction from the respondents. At the office of this firm he found that the principal was absent, and could not be seen before Tuesday; Monday being a holiday, when n”

   1 later decision quote this exact passage · from the majority
   e.g. Hagar v. Elmslie

2. ““It is agreed that the lay days shall be as follows (If not sooner dispatched), commencing from the time the vessel is ready to receive cargo: 65 running days, Sundays excepted, for loading and discharging;- * * * and that for each and every day’s detention by default of the said [charterers] or agent $05.85 United States gold dollars per day, day by day, shall be paid by said [charterers] or agent. * * * The cargo to- be received and delivered alongside, within reach of the vessel’s tackle, free of lighterage to vessel.’-' “Vessel to be consigned to charterers’ agents at Rio free of commission for doing- the vessel’s inward business.””

   1 later decision quote this exact passage · from the majority
   e.g. Hagar v. Elmslie

3. “-. “The charge for lighterage is admitted, and need not be further considered. A credit, however, must be allowed thereon for the money received-by the master as a present from the owner of the lighters. The item for commission is too large. The sum paid to the broker by the master was for doing all the ship’s business at. Rio, and not merely for,doing her inward business. The respondents were only liable for one-half of this item.””

   1 later decision quote this exact passage · from the majority
   e.g. Hagar v. Elmslie