The St. Hubert’s Empirical Analysis

Citation profile

14 federal appellate · 7 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is further contended by the libelant that the stipulation as to notice contained in the St. Hubert’s bill of lading is not a defense to an action in rem, because the provision was only Cor the protection of the shipowners, and did not apply to the ship. We do not think there is either reason or authority for so narrow and harsh a construction of this stipulation as to notice. There may be cases in which it is necessary to discriminate between the liability of the shipowner and that of the ship; but this is not one of them. It is an exemption stipulated for in the bill of lading of the ship for injury to goods done on the ship, notice of claim for which, is required to be given before removal front the custody of Hie ship. The shipowner can hardly be said to have secured himself against liability for want of notice of claim, if such exemption is not available whom Ms property is seized and subjected to payment of that very liability, its said by Judge McPherson in the case of The Westminster (1).' C.) 102 Fed. 808 , where a similar clause was under consideration: ‘This, I think, cannot properly be construed so as to. exempt the shipowner i£ he should he sued personally in a formal proceeding that may end in seizing his property by one kind of writ, and to deny him exemption if he should be sued in another form of proceeding that seizes his property in the beginning by a different kind of writ. * * * Ultimately his property is to be reached in order -to satisfy the libelant”

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