Ralli v. Troop’s Empirical Analysis

Citation profile

58 federal appellate · 50 district · 12 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 212 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the investigation, of legal principles, the question whether they arise by way of implied contract or not often ends by being a mere question of words. General average contribution is a principle which comes down to us from an anterior period in our history, and from the law of commerce and the sea. ‘ When, however, it is once established as part of the law, and as a portion of the risks which those who embark their property upon ships are willing to take, you may, if you like, imagine that those who place their property on board a ship on one side, and the shipowner who puts his ship by the quay to receive the cargo on the other side, bind themselves by an implied contract which embodies this principle, just as it may be said that those who contract with reference to a custom impliedly make it a part of the contract. But that way, though legally it may be- a sound way, nevertheless is a technical way of looking at it. This claim for average contribution, at all events, is part of the law of the sea, and it certainly arises in consequence of an act done by the captain as agent, not for the shipowner alone, but also of the cargo owner, by which act he jettisons part of the cargo on the implied basis that contribution will be made by the ship and by the other owners of cargo.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ralli v. Societa Anonima di Navigazione a Vapore "G. L. Premuda" · The Mary F. Barrett

2. ““Whether the master is considered as acting under an implied contract between tile owners of the vessel and the shippers of the cargo, or as the agent of all from the necessity of the case, or as exercising a power and duty imposed upon him by the law as incident to his office — whatever may be considered the source of his' authority — the power and the duty of determining what part of the common adventure shall be sacrificed for the safety of the rest, and when and how the sacrifice shall be made, appertain to the master of the vessel, magister navis, as the person intrusted with the command and the safety of the common adventure, and of all the interests comprised therein, for the benefit of all concerned, or to some one who, by the maritime law, acts under him, or succeeds to his authority.””

   2 later decisions quote this exact passage · from the majority
   e.g. The J. P. Donaldson · The Mary F. Barrett

3. ““In fine, the destruction of the J. W. Parker by the aet of the municipal authorities of the port of Calcutta .was not a voluntary sacrifice of part of a maritime adventure for the safety of the rest of that adventure, made, according to the maritime law, by the owners of vessel or cargo, or by the master as the agent and representative of both. But it was a compulsory sacrifice made by the paramount authority of public officers deriving their powers from the municipal law and the municipal law only; and therefore neither gave any right of action nor of contribution. * * * ””

   2 later decisions quote this exact passage · from the majority
   e.g. The Moran No. 16 · The Beatrice