The Hudson’s Empirical Analysis

Citation profile

23 federal appellate · 20 district · 1 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““These cases show bow firmly established in this country, by the highest authority, is the legal right in admiralty of the several vessels, liable for the same collision, to have the entire loss and damages apportioned equally among them, so far as such an apportionment can be made without injury to the libelant, whenever the parties are before the court, or whenever there is any fund which the court can lay hold of and make tributary to such an apportionment. The right of contribution is thus affirmed, it seems to- me, as a substantial legal right, and as such it is entitled to all appropriate and expedient remedies. In effect, while the libelant has a maritime lien upon each vessel in solido for his whole damage, so that both are liable' jointly and severally as principals, yet as between themselves the several vessels liable are virtually in the situation of sureties for each other for the payment by each of one-half of the 'damages; and each vessel, like other sureties in equity, has such a legal interest in the libelant’s enforcement of his lien upon the other that the court must, by its decree, carefully protect this interest whenever the parties are before it, and on failure to do so its decree will be reversed. From this well-settled recognition and enforcement of a right of contribution as a substantial legal right, when the parties are before the court, it would seem to result necessarily that, if only one vessel is sued, where another is equally liable, either an i”

   1 later decision quote this exact passage
   e.g. The Mariska

2. “Powers as ample as legislation can give are conferred by law on the district court in cases of admiralty and maritime jurisdiction as to the `forms and modes of proceeding,' * * *. The admiralty rules adopted by the supreme court do not provide for the case here presented; and by rule 46 [now 44] the pre-existing powers of the court in such cases are expressly recognized and affirmed to regulate its practice in admiralty `in such manner as it shall deem most expedient for the due administration of justice.'”

   1 later decision quote this exact passage
   e.g. Dowling v. Isthmian S. S. Corp.

3. “And where the innocent owner of the cargo, or of a tow in charge of one vessel, sues and recovers against both vessels, the libelant cannot recover a judgment in solido against both for his whole damage, with a right to levy his execution in full against either alone, as at common law, but only a judgment for a moiety of the damages against each vessel, with an alternative right of recourse against either for so much of the moiety adjudged to be paid by the other as he is unable to collect from the latter.”

   1 later decision quote this exact passage
   e.g. Coats v. Penrod Drilling Corp.