Schwaner v. Kerr’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. ““8. Fourteen working lay days (Sundays, holidays, and rainy days * * * not to he counted as lay or working days), to commence twenty-four hours after the inward cargo and or ballast shall have been finally discharged, and the captain has given charterers written notice, accompanied by surveyor’s certificate that his vessel is ready to receive cargo, are to be allowed charterers tor loading at places as hereinbefore provided, but should the loading be completed in less time charterers have the privilege of detaining the vessel until the expiry of said lay days.” “14. It is agreed that for each and every day’s detention or demurrage at the port of loading, by default of said parties, of the second part, or their agents, fourpence per net register ton, or its equivalent, per day shall be paid day by day, by said parties of the second part, or their agent, to said party of the first part or his agent. “15.a Lay or working days shall not count at ports of loading, during any time when the supply or loading of stiffening, or the supply or bringing by rail, craft, or otherwise, to port of loading or alongside the vessel, or the loading of the cargo, or intended cargo, or any part thereof, is delayed by * * * holidays (ecclesiastical or civil), railway accidents or impediments, or any other hindrance, of whatsoever nature beyond the charterer’s control.””

   1 later decision quote this exact passage · from the majority
   e.g. Kerr v. Schwaner