Loverich v. Warner Co.’s Empirical Analysis

Citation profile

47 federal appellate · 9 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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is clear that the right of such maintenance is not restricted to those cases where the seaman’s employment is the cause of the illness. It is now clear, also, that the obligation may continue after the termination of the voyage in which an injury is sustained or an illness begins. Those points are definitely settled by the decisions in the Calmar litigation. * * “What difference should it make in libellant’s case because following the termination of his employment with respondent he worked successively for two other employers, assuming that during such period he was suffering from the disease originating during his employment by the respondent? Upon this point we find no help in the authorities. We believe, however, that while this is something of an extension of the liability imposed under the rule of the Calmar case, it is justified by the fundamental principles upon which the obligation for maintenance and cure is bottomed. It is to be noted that this man did not voluntarily leave the respondent’s employment. He was dismissed on a recommendation of the company’s physician who advised the company that he was a poor risk. The physician admitted on cross-examination that upon his examination of the libellant he thought he had syphilis or cancer from the chronic laryngitis. There is no evidence of syphilis. No examination was made to ascertain whether cancer was present and the man was turned out. (If he was already suffering from cancer in one of its developing stages he ”

   1 later decision quote this exact passage · from the majority
   e.g. Fish v. Richfield Oil Corporation

2. ““Inspire en cela de la loi du 9 avril 1898 sur les accidents du travail terrestre, le Code du travail maritime (art. 86), refuse le droit prolonge aux soins quand la blessure ou la maladie a ete determines par un fait intentionnel ou une faute inexcusable du marin. Encore est-il pourtant qu’en pareil cas le capitaine doit faire donner tous les soins necessaires au marin jusqu’a ce que celui-ci soit confie a une autorite francaise ou, s’il n’en existe pas au lieu de debarquement, jusqu’a ce que le traitement et le rapatriement de l’interesse soient assures.” Original: Danjon, Manuel de Droit Maritime, Titre 2, Chapitre Premier, Gens de Mer, section V, Obligations de L’Armateur, subsection 3, Traitement Medical Des Gens D’Equipage, p. 103.”

   1 later decision quote this exact passage · from the majority
   e.g. Lindquist v. Dilkes

3. “`Laches consists of two elements, inexcusable delay in instituting suit and prejudice resulting to the defendant from such delay. Its existence depends upon the equities of the case, and not merely upon the lapse of time.' United States v. Alex Dussel Iron Works, Inc., 5 Cir., 1929, 31 F.2d 535, 536.”

   1 later decision quote this exact passage · from the majority
   e.g. Loma Linda Food Co v. Thomson & Taylor Spice Co.