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← 103 F.1d 205 - The Penobscot

The Penobscot’s Empirical Analysis

103 F. 205 · 1900

Citation profile

3
cited by 3 later decisions
September 1917
most recently cited

1 federal appellate · 2 district ·

Relationships

Relies on Duff v. Merritt · The Boyne · The Thornley

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

  1. “The Wilmington, a passenger boat, “seeing a schooner in, or near, the breakers, where he knew she ought not to be, from his familiarity with the coast, after 25 years’ service on this bar, with her flag in the rigging, Union down, libelant put his passengers ashore, and went to the rescue of the schooner. The schooner was found to be on a sand shoal, head on, pounding heavily, leaking; * * * life boat in the water, oars adrift; sails down; some of crew’s baggage on deck, and some in the small boat. The vessel was not in the breakers, but the breakers were under her bow. The tide was rising, and at that point the current was west. * * * The wind was blowing the schooner on shore. She was drawing 12 foot water, and her bow was in about 9 feet of water. Wind was blowing 16 miles W. S. W. and driving schooner onto shoal. * * * The schooner was in imminent * * * peril of being driven ashore and wrecked.” No other boat was within call. “There was much danger to the Wilmington in going to the schooner, under the circumstances. * * * There was no contract. When the master of the schooner asked Harper what he would charge to pull her oil', Harper replied, in substance, that it was not a matter of charge or contract ; that if he did not pull him ofE there would be no charge.””
    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.