The Arizonan’s Empirical Analysis

Citation profile

2 federal appellate · 2 district ·

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.

1. ““It is true that several text-writers have stated the rule broadly that a charterer is not entitled to salvage unless he becomes the owner pro hac vice, but we are referred to no controlling authority to that effect and are not impressed by the rationale of the rule. The theory of salvage is to reward all who have contributed anything to the worlc of saving the i/m/periled property. Thus it has included the rislc assumed by the salving vessel, her services and the services of her master and crew not only, but it has been extended to services rendered by passengers; in- some instances, remuneration has been awarded for the risk to her cargo. * * * At the time in question the appellant [the charterer] was entitled to the exclusive use of the tug and to every dollar she might earn during the existence of the charter. On the other hand, the appellee [the owner], not having parted with the ownership, was entitled to remuneration for any rislc the tug might run while engaging in a dangerous salvage service. We are unable to see why the right to receive remuneration on account of the ownership, which was retained, carries with it the right to remuneration for the services which passed, without qualification, to the appellant. * * * The fact that the charterer would not have been liable for the value of the tug if she had been lost while assisting the Arizonan is not a controlling consideration. * * * The solution of the present controversy seems plain. Hie appellee owned the tug, th”

   1 later decision quote this exact passage · from the majority
   e.g. The Johnson Lighterage Co. No. 24

2. ““The general rule is that the owner is entitled to such award [salvage moneys] unless there is a demise of the tug, or the contract of ijiring stipulates to whom it shall belong.””

   1 later decision quote this exact passage · from the majority
   e.g. The Johnson Lighterage Co. No. 24