The Belgenland’s Empirical Analysis

Citation profile

192 federal appellate · 146 district · 3 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 624 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “unless special circumstances exist to show that justice would be better subserved by declining it.”

   6 later decisions quote this exact passage · from the majority
   e.g. 193 F. Supp. 259 - Retzekas v. Vygla Steamship Co., S.A. · Gkiafis v. Steamship Yiosonas

2. ““Circumstances often exist, which render it inexpedient for the court to take jurisdiction of controversies between foreigners in cases not arising in the country of the forum, as, where they are governed by the laws of the country to which the parties belong, and there is no difficulty in a resort to its courts, or where they have agreed to resort to no other tribunals. The eases of foreign seamen suing for wages, or because of ill treatment, are often in this category, and the consent of their consul, or minister, is frequently required before the court will proceed to entertain jurisdiction, not on the ground that it has not jurisdiction, but that, from motives of convenience or international comity, it will use its discretion whether to exercise jurisdiction or not; and where the voyage is ended, or the seamen have been dismissed or treated with great cruelty, it will entertain jurisdiction even against the protest of the consul.””

   5 later decisions quote this exact passage · from the majority
   e.g. R.M.S. Titanic, Inc. v. Haver · Bolden v. Jensen

3. “[A]lthough the courts will use a discretion about assuming jurisdiction of controversies between foreigners in cases arising beyond the territorial jurisdiction of the country to which the courts belong, yet where such controversies are communis juris,-that is, where they arise under the common law of nations,-special grounds should appear to induce the court to deny its aid to a foreign suitor when it has jurisdiction of the ship or party charged. The existence of jurisdiction in all such cases is beyond dispute; the only question will be whether it is expedient to exercise it. 4 ****** 5 * * * 6 "The subject has frequently been before our own admiralty courts of original jurisdiction, and there has been but one opinion expressed, namely: that they have jurisdiction in such cases, and that they will exercise it unless special circumstances exist to show that justice would be better subserved by declining it.”

   5 later decisions quote this exact passage · from the majority
   e.g. The Noddleburn · The Kestor