The "Julia Blake"’s Empirical Analysis

Citation profile

12 federal appellate · 23 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The cargo owner is not bound to help the vessel through with her voyage under all circumstances. It is the duty of the vessel owner, and of the master as his appointed agent, to do all that in good faith ought to be done to carry the cargo to its place of destination; and for that purpose the cargo owner should contribute to the°expense as far as his interests may apparently require; but he is under no obligation to sacrifice his cargo, or to allow it to be sacrificed, for the benefit of the vessel alone. He ought to do what good faith towards the vessel demands, but need not do more. If he would lose no more by helping the vessel in her distress than he would by taking his property and disposing of it in some other way, he should, if the vessel owner or the master requires it, furnish the help or allow the cargo to be used for that purpose. To that extent he is bound to the vessel in her distress, but no further. When, therefore, a cargo owner finds a vessel, with his cargo on board, at a port of refuge, needing repairs which cannot be effected -without a cost to him of more than he would loso by taking his property at that place and pay ing the vessel all her lawful charges against him, we do not doubt that he may pay the charges, and reclaim the property; otherwise he would be compelled to submit to a sacrifice of his owu interests for the benefit of others, and that the law does not require.””

   1 later decision quote this exact passage · from the majority
   e.g. Compagnie Generale Transatlantique v. Hoguet

2. ““He [the master] acts for the owner of the cargo because there is a necessity for some one to do so, and, like every agent whose authority arises by implication of law, he can only do what the owner, if present, ought to do. Necessity develops his authority and limits his powers. What he does must be directly or indirectly for the benefit of the cargo, considering the situation in which he has been placed by the acceptance of the voyage. * * - ‘But at all events the necessity, must be such as to connect the act with the success of the voyage, and not for the exclusive interests of the shipowner.’ * * * ‘All will agree that the master must act in good faith, exercise his best discretion for the benefit of all concerned, and that it .can only be done upon the compulsion of necessity, to be determined in each case by an actual and impending peril to which the vessel is exposed.’ ””

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

3. ““It must have been easy to see that to repair the vessel at the risk of the owner of the cargo would be to place his interests in jeopardy, without any urgent necessity on his account. No master who ‘held the balance evenly between his two principals’ could have believed himself justified, under the circumstances, in hypothecating the cargo for any such purpose, without notice to the owner.””

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