Scull v. Raymond’s Empirical Analysis
18 F. 547 · 1883
Citation profile
4 federal appellate · 2 district ·
How this case has been cited
Cited by 9 later decisions — most recently December 1948
4 federal appellate · 2 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 Thorp v. Hammond · Marcardier v. The Chesapeake Insurance Company · MacY v. . Wheeler · Leonard & M'Cartee v. Huntington · The India
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The primary relation of part owners of ships to each other is that of tenants in common :0f chattels. By the common law one' tenant in common having -pbs¡-session of: a chattel may use it for his own exclusive benefit,' and, while so doing, he alone is liable for .all charges affecting it. This rule as applied to ships has been so far modified as to entitle each part owner to receive his share of the earnings of the vessel, unless he has dissented from the voyage. Prima facie, therefore, the master or ship’s husband, or the managing owner, is the agent of all the part owners in the ordinary business of the ship, and all will be prima facie liable for necessary repairs, supplies, and for torts of navigation, because, presumptively, the voyage is for the benefit of all. But this presumptive agency and benefit, and consequent liability, may be rebutted by any appropriate proof. And when it affirmatively appears that any one part owner was neither intended to be represented by the master in the navigation of the ship, or in ordering repairs ,pr supplies, and that ho never authorized the master to represent or bind him, and that he never ratified or adopted the voyage, but dissented from it, there is no reason or legal principle upon which he can be held for the supplies ordered or for the toris of the voyage. ⅞ ⅞ ⅜ If a part owner expressly dissent to repairs or supplies, he is not personally bound. The implied authority of the master to bind him is in such cases rebutted by pro”
1 later decision quote this exact passagee.g. Spedden v. Koenig““These several classes of cases show one principle running through them all, namely, that the personal responsibility of a part owner does not necessarily attach as an incident to his naked legal ownership, but depends upon the possession, use, and control of the ship.””
1 later decision quote this exact passagee.g. Spedden v. Koenig
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.