The Onoko’s Empirical Analysis

Citation profile

2 federal appellate · 3 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is an action growing out of Hie relationship to one whose life has been destroyed through negligent injury, and the recovery is for the loss sustained by his death, the direct pecuniary loss resulting to the; survivors arising from their dependence upon that life, and not because of injuries suffered by the decedent It is also to -he noted that the acts impose liability upon ‘the person who, or company or corporation which, would have been liable if death had not ensued,’ manifestly contemplating a personal action against the individual or corporation guilty of the negligent act causing death. It is also to be said that the wafer craft law contemplates a lieu, for direct Injuries done by ihe inanimate thing negligently navigated, and would not seem to comprehend such injury as is contemplated by the act granting a right of action for a death. The injury for which a lien is given is a direct injury by the negligently navigated craft to person or property. By reason of the faulty navigation and consequent collision no injurj was done to the person of the libelant, or to the persons of those he represents. Nor was injury done to his or their property. They had no property right, in the person of the deceased. The right of action arose only upon and because of his death. The recovery is allowed as compensation for the supposed support and education which they would have received had lie survived. This right of action, arising only upon death, cannot, within the meaning of the”

   2 later decisions quote this exact passage · from the majority
   e.g. The General Foy · The Alaska

2. ““We do not think this contention should prevail. The question was, as we read the opinion, whether a moiety of those damages should be charged upon the amount awarded to the owner of the Argo, upon the ground that the interveners had liens upon the Argo, and that, having such liens, the court was justified in deducting from the amount awarded to the owner of the Argo a moiety of the damages awarded to the interveners. We may not consider this declaration of the Supreme Court as merely dictum, but, if the matter were doubtful, we should not feel at liberty to disregard this carefully considered deliverance of the Supreme Court upon the subject.””

   1 later decision quote this exact passage · from the majority
   e.g. Union Transp. Co. v. Kent

3. ““Every 9 * * vessel, steamboat, steam dredge, tugboat, scow, canal boat, barge, lighter, and other water craft of about live tons burthen, used or ini ended to be used in navigating the waters or canals of this state, or used in trade or commerce between ports and places within this state, or having their home port in this state, shall be subject to a lien thereon: * '* * Fifth— for all damages arising from injuries done to persons or property by such water craft. * * * ””

   1 later decision quote this exact passage
   e.g. The Alaska