United States v. Shea’s Empirical Analysis

Citation profile

109 federal appellate · 73 district · 14 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 324 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Tills case turns upon the construction to he given t'o the contract of May 28, 1880. taken in connection with the action of the parties thereunder. Was this a contract of hiring or for service? In Reed v. United States. 11 Wall. 594 , 600 [ 20 L. Ed. 220 ], It was said by Mr. Justice Clifford, speaking for the court: Affreightment contracts are of two kinds, and they differ from each other very widely in their nature, as well as in their terms and legal, effect. Charterers or freighters may become the owners for the voyage, without any sale or purchase of the ship, as in cases where they hire the ship, and have by the terms of the contract, an’d assume in fact, the exclusive possession, command, and navigation of the vessel for the stipulated voyage. But where the general owner retains the possession, command, and navigation of the ship, and contracts for a specified voyage, as, for example, to carry a cargo from one port to another, the arrangement in contemplation of law is a mere affreightment, sounding in contract, and not a demise of the vessel, and the charterer or freighter is not clothed with the character or legal responsibility of ownership. * * * Courts of justice are not inclined to regard the contract as a demise of the ship, if the end in view can conveniently be accomplished without the transfer of the vessel to the charterer; but where the vessel herself is demised or let to hire, and the genefhl owner parts with the possession, command, and navigation of the”

   4 later decisions quote this exact passage
   e.g. Cosmopolitan Shipping Co. v. McAllister · Hills v. Leeds

2. “"Article I. That the said Daniel Shea shall provide and furnish to the parly of the first part, whenever called upon during the fiscal year ending .Tune 30, 1887, such vessels of the description hereinafter given as may be required to take the place of the vessels now performing service for the U. S. army between New York City and Governor’s Island, New York, Governor's Island and Sandy Hook, and New York Harbor generally, respectively, the steamers Atlantic, Ordnance, and Chester A. Arthur. That the vessels furnished as aforesaid must each have an engineer and fireman, and conform to the following conditions, viz.: The steamer to take the place of the Chester A. Arthur must be of about the size and the character of the Chester A. Arthur, and the steamers to take the places of the Atlantic and Ordnance, respectively, must have the capacity for freight and passengers and be of the size and character of the steamer James Bowen. That all the vessels furnished must be staunch, in first-class order in every respect, well equipped, and conform fully to the requirements of the law. It is fully agreed that the fuel required l>y said vessels so furnished, while in service under this agreement, shall be supplied by the government, and that this contract shall commence on the 1st day of .Tidy, 1880. And it is further agreed that the party of the second part shall furnish, when required, the remainder of the crew, consisting of a captain, a mate, two deck hands, and a fireman.””

   1 later decision quote this exact passage
   e.g. Gibson v. Manetto Co.

3. ““No technical words are necessary to create a demise- It is enough that the language used shows an intent to transfer the possession, command, and control. * * * “The claim, when presented to the department, was rejected on the ground that the ‘boat was wholly under the control of .the owner and his agents and employes.’ But the findings of fact show that that alleged ground is a mistake, — that it was wholly under the management and control of the quartermaster’s department. Nothing more need be said. While the question is not free from doubt, yet in view of the fact that the petitioner was to provide and furnish a vessel, — that this vessel, when tendered, was accepted, and was not only in the service, but under the exclusive management and control, of the quartermaster’s department at the time of the accident,— we think that it must be adjudged that the case presented is one of a contract of hiring, and not for service, and that the government, during this possession of the vessel, was a special owner, and bound to pay rent for the vessel until returned to petitioner.””

   1 later decision quote this exact passage · from the majority
   e.g. Frontera Fruit Co. v. Dowling