The Supply No. 4’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 1 state decisions

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

1. ““The faults of the Supply No. 4 are so clear as to require little discussion. She was shaving the pier ends at undiminished speed. This is enough to condemn her without considering other charges of fault found against her. The Newark, 2 Cir., 289 F. 801 ; Atlantic Lighterage Corp. v. The Jamestown, affirmed, 2 Cir., 71 F.2d 998 ; The Samson, 2 Cir., 93 F.2d 497 . * * * * * * “But the tug was also at fault in respect to her slip whistle. Admittedly she ceased to sound it when the pilot house was about 50 feet from the pier end. The tug was then still hidden by the shed from any vessel approaching from the south close to the pier ends and such a vessel was likewise hidden from the tug. The giving of a slip whistle is required by the Inland Navigation Rules, Art. 18, Rule 5, 30 Stat. 100 , 33 U.S.C.A. § 203 , rule 5. The statute does not fix the precise time at which the signal shall be blown, nor the length of it. But the cases hold that when a vessel is proceeding from behind an obstruction she should herald her coming until clear of the obstruction. The Edouard Alfred, D.C., 261 F. 680 ; Edward J. Barton Lighterage Co. v. Davis, 2 Cir., 4 F.2d 999, 1000 ; The Cotopaxi, 2 Cir., 20 F.2d 568, 570 ; The Samson, 2 Cir., 93 F.2d 497, 498 . We think the tug should have continued blowing her slip whistle at least until she had a clear view of the fairway beyond the pier shed.””

   1 later decision quote this exact passage · from the majority
   e.g. 43 F. Supp. 268 - City of New York v. E. F. Moran