Waldie v. Gallagher’s Empirical Analysis

Citation profile

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

1. ““The remaining claim is that there was negligence in the makeup of the tow. Appellant asserts that, upon proof of damage to a barge, the tug must bear the burden of explaining the accident and of showing that her conduct was proper, citing The Reichert Line, 2 Cir., 64 F.2d 13 ; The Stirling Tomkins, 2 Cir., 56 F.2d 740 . We need not pass on whether such a broad construction of those cases is in conflict with Stevens v. The White City, 285 U.S. 195, 202 , 52 S.Ct. 347 , 76 L.Ed. 699 ; cf. Commercial Molasses Corp. v. New York Tank Barge Corp., November 17, 1941 [ 314 U.S. 104 ], 62 S.Ct. 156 , 86 L.Ed. [89], since, whatever the presumption established by the cases cited by appellant, it is applicable. only when the accident occurs ‘under circumstances in which, if proper care is exercised in performing a, similar service, such misfortune does not ordinarily occur.’ The Clarence P. Howland, 2 Cir., 16 F.2d 25, 26 .””

   1 later decision quote this exact passage · from the majority
   e.g. 121 F. Supp. 461 - Gulf Oil Corp. v. The Edward Card