Chicago St Co v. Pullman South Car Co’s Empirical Analysis

Citation profile

3 federal appellate · 5 district · 44 state decisions

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

1. ““By the provisions of the policies, the insurance companies were entitled, in case of loss, to an assignment of the plaintiff’s right to receive satisfaction therefor from any other person or persons, town or corporation, with a power of attorney to sue for and recover the same at the expense of the insurer. Upon payment of the loss, or to the extent of any payment by them on account of such loss, the insurance companies were subrogated to the rights of the insured, and could, in the name of the insured, or in their joint names, maintain an action against the Railroad Company for indemnity, if that Company was liable to the insured for the loss of the cars.””

   2 later decisions quote this exact passage · from the majority
   e.g. 27 Fed. Cl. 425 - North Slope Technical, Ltd. v. United States · 3 N.C. App. 1 - S & N Freight Line, Inc. v. Bundy Truck Lines, Inc.

2. ““ There can be no doubt that the railroad company was, under the evidence, liable to the plaintiff on account of the loss by fire of the Louisiana. The contract covered cars that were assigned by the plaintiff to the defendant’s use, while they were in actual transit over its lines or over the lines of other companies on whose roads they were sent by the defendant. It equally covered such as were under the defendant’s immediate control while in its own yards or sheds for the purpose simply of being cleansed and resupplied for another trip when the defendant chose to put them into actual service. That was the situation at the time of the loss by fire of the Louisiana. It had a few hours before come from active service on the defendant’s road, and, but for its destruction, would have been put upon the road for another trip in the afternoon of the very day of the fire. Such a case is plainly embraced by both the letter and spirit of the contract. A peremptory instruction to find for the plaintiff in respect to the Louisiana would not have been erroneous.””

   1 later decision quote this exact passage · from the majority
   e.g. Pocono Pines Assembly Hotels Co. v. United States

3. ““The principle is thus stated by Lord Blackburn in Burnand v. Rodocanachi, 7 App. Cas. 333, 339: ‘The general rule of law (and it is obvious justice) is, that where there is a contract of indemnity (it matters not whether it is a marine policy, or a policy against fire on land, or any other contract of indemnity) and a loss happens, anything which reduces or diminishes that loss reduces or diminishes the amount which the indemnifier is bound to pay; and if the indemnifier has already paid it, then, if anything which diminishes the loss comes into the hands of the person to whom he has paid it, it becomes an equity that the person who has already paid the full indemnity is entitled to be recouped, by having that amount back.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. 10 Wash. 2d 303 - John Hancock Mutual Life Insurance v. Fireman's Fund Insurance