The Edward Smith’s Empirical Analysis
135 F. 32 · 1905
Citation profile
8 federal appellate · 3 district ·
How this case has been cited
Cited by 12 later decisions — most recently December 1972
8 federal appellate · 3 district ·
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 Oregon · Belden v. Chase · Walker v. Dun · The Great Republic · City of Cleveland v. Chisholm
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As an overtaking vessel, it was the duty of the Garden City to keep out of the way of the tug; and in this behalf it was incumbent upon her, when shaping her course to pass the tug, to allow a sufficient margin for safety, taking into consideration all the incidents of the situation; among them, the tendency of the cross-current to deflect the course of the tug. * * * He was perfectly familiar with the tides and currents around the Hook. * * * He undoubtedly knew what reasonable allowance ought to be made for the influence of the cross-current upon the course of the tug, and the dictates of ordinary prudence enjoined upon him the necessity of making such allowance. * & *”
1 later decision quote this exact passage · from the majority““Notwithstanding this right of retrial here, the rule prevails that the judgment of the District Court will not be reversed when the result depends alone upon questions of fact depending upon conflicting evidence, unless there is a decided preponderance against the judgment, where the trial judge saw and heard the witnesses, and had an opportunity of weighing their intelligence and candor. This was the rule applied in the Circuit Courts when the appeal was from the District to the Circuit Courts.””
1 later decision quote this exact passage · from the majority“■ “Thus, if the Massaba by her own wrongful conduct placed the Smith in a position of immediate and extreme danger, she would not be held to blame if she did something wrong in her endéavor to extricate herself, and should not be held to have contributed to her own danger.””
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.