Hamilton v. Liverpool, London & Globe Insurance’s Empirical Analysis
136 U.S. 242 · 1890
Citation profile
102 federal appellate · 9 district · 109 state decisions
How this case has been cited
Cited by 291 later decisions (14 by the Supreme Court) — most recently November 2010 · most notably United States of America v. American Tobacco Co. (1911), Burton v. United States (1906)
102 federal appellate · 9 district · 109 state decisions — followed in 30 states
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 Martinsburg Co v. March · President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co. · United States v. Robeson · Reed v. Washington Fire & Marine Insurance
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 291 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Such a stipulation, not ousting the jurisdiction of the courts, but leaving the general question of liability to be judicially determined, and simply providing a reasonable method of estimating and ascertaining the amount of the loss, is unquestionably valid, according to the uniform current of authority in England" and in this country.””
10 later decisions quote this exact passage · from the majority““Loss or damage to property partially or totally destroyed, unless the amount of said loss or damage is agreed upon between the assured and company, shall, at the written request of either party, be appraised and determined by disinterested and competent persons, one to be selected by this company and one by the assured, and where either party demand it the two so chosen may select an umpire to act with them in case of disagreement, and if the said appraisers fail to agree they shall refer the difference to such umpire,—each party to pay their own appraiser and one-half the umpire’s fee; and the award of any two, in writing, shall be binding and conclusive as to the amount of such loss or damage, but no appraisal, nor agreement for appraisal, shall be construed, under any circumstances, as evidence of the validity of said policy, or of the company’s liability thereon.””
1 later decision quote this exact passage““That correspondence clearly shows that the defendant explicitly and repeatedly in writing requested that the amount of the loss or damage should be submitted to appraisers in accordance with the terms of the policy; and that the plaintiff as often peremptorily refused to do this; unless the defendant would consent, in advance, to define the legal powers and duties of the appraisers, (which the defendant was under no obligation to do) and that the plaintiff throughout, against the constant protest of the defendant, asserted, and at last exercised, a right to sell the property, before the completion of an award according to the policy, thereby depriving the defendant of the right, reserved to it by the policy, of taking the property at its appraised value, when ascertained in accordance with the conditions of the policy.””
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.