Baldwin v. Sullivan Timber Co.’s Empirical Analysis

Citation profile

8 federal appellate · 3 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is a further provision that the cargo is ‘to be delivered, alongside at merchant’s risk and expense, and to be received by the master and secured with the ship’s dogs and chains when so delivered and to be then at ship’s risk.’ This clause was needless if a mere delivery alongside was a complete delivery to the vessel, for after such complete delivery the liability of the vessel would, of course, attach. The need of the provision lay in the fact that delivery alongside was not a complete delivery, because the merchant was still to remain in possession and control of his lumber for the purpose of loading and stowing it, and before that was accomplished the ship would assume no risk, unless by force of a particular and specific provision, which therefore was added, and which put upon the vessel simply the duty of holding the timber safely alongside, to enable the shipper to complete his delivery by loading and stowing.””

   1 later decision quote this exact passage
   e.g. Southerland-Innes Co. v. Thynas