The Robert S. Besnard’s Empirical Analysis

Citation profile

5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““All services rendered at sea to a vessel in danger or distress are salvage services. It is not necessary, I conceive, that the distress shall he actual or immediate, or that the danger shall be imminent and absolute. It will be sufficient if, at the iime the assistance is rendered, tlie ship has encountered any damage or misfortune which might possibly expose her to destruction if the services were not rendered.””

   3 later decisions quote this exact passage · from the majority
   e.g. The Brina P. Pendleton · The Alcazar

2. ““The testimony makes it clear that the bark was not in fact in a position of danger, at the time the service was rendered, and there was no reasonable ground to apprehend danger, except such as is incident to all vessels at sea. There was no signal of distress, or request for any other assistance than a tow, and the service rendered was precisely the same in kind and degree as that which would have been required if the vessel had been intact. * * * Her master had never intimated any apprehension of personal danger, or any intention of seeking personal safety; for, even when far out at sea, he had declined offers of passing steamers to take off himself and crew. Any peril that can properly be said to have been impending was inconsiderable, uncertain, and distant, existing rather in the imagination of the putative salvors than in reality. Not one of those elements likely to enhance the claim for liberal remuneration enters here. There was no special skill or dexterity displayed, no fatigue endured, no courage evinced, not the least danger encountered. Even were it conceded that this is a case of a vessel in distress, and therefore a case of salvage, it would be salvage of the lowest [possible] order, and the remuneration Justly earned would be little more than compensation pro opere et labore.””

   1 later decision quote this exact passage · from the majority
   e.g. The Edilio

3. ““The line of demarcation between towage and salvage is not perfectly defined.””

   1 later decision quote this exact passage · from the majority
   e.g. The Brina P. Pendleton