Cornwall v. J. J. Moore & Co.’s Empirical Analysis
125 F. 646 · 1903
Citation profile
4 district ·
Relationships
Relies on Smith v. Boston, Concord & Montreal Railroad · Herrick v. Estate of Belknap · McMahon v. . the New York and Erie Railroad Company · Utter v. Chapman · Ashburner v. . Balchen
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The measure of damages in this class of actions seems to be well settled. In an action against the charterer of a ship for a total breach of his contract, the measure of damages is the net amount that would have been earned by the vessel under the charter sued on, less the net amount earned, or which might with reasonable diligence have been earned, by the vessel during the time required for the performance of the voyage named in such contract of charter. Smith v. McGuire, 5 Hurl. & N. 544; Utter v. Chapman, 38 Cal. 659 ; Id., 43 Cal. 279 ; Ashburner v. Balchen, 7 N. Y. 262 ; Dean v. Bitter, 18 Mo. 182 ; Steamship Co. v. Card (D. C.) 59 Fed. 159 ; 3 Uth. Darn. pp. 179-181.””
1 later decision quote this exact passage · from the majority““Captain to furnish charterers a certificate from' charterers’ marine surveyor (at San Francisco) that the vessel is in proper condition for the voyage. Should the vessel fail to pass a satisfactory survey, this charter to be void at charterers’ option.””
1 later decision quote this exact passage
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.