The Toledo’s Empirical Analysis
122 F.2d 255 · 1941
Citation profile
15 federal appellate · 3 district · 7 state decisions
How this case has been cited
Cited by 46 later decisions — most recently August 2014 · most notably Waterman S. S. Corp. v. United States Smelting, Refining & Mining Co. (1946), Horn v. Cia de Navegacion Fruco (1969)
15 federal appellate · 3 district · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on The Caledonia · The Edwin Morrison Bradley Fertilizer Co v. Lavender · The Carib Prince · Work v. Leathers · Dunn v. . Uvalde Asphalt Paving Co.
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(I)f he (the purported indemnitee) settles a claim without a determination of the rights in question, he bears the risk of proving an actual liability in the action over for indemnity.”
3 later decisions quote this exact passage · from the majority““A claim for indemnity, however, requires that an actual liability be sustained by the indemnitee, and if he settles a claim without a determination of the rights in question, he bears the risk of proving an actual liability in the action over for indemnity. [Citing cases.] In failing to establish a lack of due diligence the charterer failed to establish a right to indemnity based on an actual liability on its part. The court below was clearly correct in denying this claim for damages on the ground that the charterer acted as a volunteer.””
1 later decision quote this exact passage · from the majority“the stipulation of seaworthiness is not so far a condition precedent that the hirer is not liable in such case for any of the charter money. If he uses her, he must pay for the use to the extent to which it goes.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.