The Anaconda’s Empirical Analysis
164 F.2d 224 · 1947
Citation profile
16 federal appellate · 3 district ·
How this case has been cited
Cited by 34 later decisions — most recently August 1981 · most notably Bisso v. Waterways Transportation Co. (1956), Mid-America Transportation Company, Inc. v. National Marine Service, Inc., and M/v National Progress, Her Engines,boilers, Etc. (1974)
16 federal appellate · 3 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Stevens v. The White City · The Louisiana · The Ariadne · Diamond S. S. Transp. Corp. v. Peoples Savings Bank & Trust Co. · Broughton & Wiggins Nav. Co. v. Hammond Lumber Co.
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"This brings us to the question of whether, if a grounding did occur, this grounding was due to the negligent navigation of the Syosset. We think it was. The Anaconda drew less than 24 feet and the channel, 500 feet wide, had a depth of 30 feet. Any grounding of the barge must, therefore, have been outside of the channel. There was evidence of a northeast current sweeping across the channel, that the Anaconda had a list to port, and that the grounding was on the northern, or starboard, edge of the channel. "Towage is not a bailment and the tug is not an insurer. The burden of proving negligence rests upon the tow. Stevens v. White City, 285 U.S. 195 , 52 S.Ct. 347 , 76 L.Ed. 699 . But when an accident occurs under circumstances in which it would not ordinarily have occurred had the proper care been exercised, there is imposed upon the tug the duty of proving that the proper care was exercised. This is merely the application in admiralty of the well known rule of res ipsa loquitur. And the cases amply support the application of this rule when in a reasonably wide and well-marked channel the tow leaves the channel and is grounded. The burden thus imposed on the tug has not been met in the instant case. See, The Louisiana, 3 Wall. 164 , 18 L.Ed. 85 ; United States v. Norfolk-Berkley Bridge Corp., D.C., 29 F.2d 115, 126 ; The Severance, 4 Cir., 152 F.2d 916, 918 ; The Reichert Line, 2 Cir., 64 F.2d 13, 14 ; The Nat Sutton, 2 Cir., 62 F.2d 787, 789 ; The Perth Amboy, D.C., 48 F.2d”
2 later decisions quote this exact passage · from the majority““When a party is once found to be fabricating, or suppressing, documents, the natural, indeed the inevitable, conclusion is that he has something to conceal, and is conscious of guilt.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.