The Volund’s Empirical Analysis

Citation profile

19 federal appellate · 7 district · 1 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1. That the owner shall provide and pay for all provisions, wages, and consular shipping and discharging fees of the captain, officers, engineers, firemen, and crew; shall pay for all insurance of the vessel, also for all the cabin, deck, engine room, and other necessary stores, and maintain her in' a thoroughly efficient state in hull and machinery for and during the service. “2. That the charterer shall provide and pay for all the coals, port charges, pilotages, agencies, commissions, consular charges (except those pertaining to the captain, officers or- crew), and all other charges whatsoever, except those before stated.” “7. That the cargo or cargoes to be laden and/or discharged in any dock or at any wharf or place that the charterers or their agents may direct, provided the steamer can always safely lie afloat at any time of tide. “8. That the captain shall prosecute his voyages with the utmost dispatch, and * * * the captain (although appointed by the owners) shall be under the orders and direction of the charterers as regards employment, agency, or other arrangements.””

   1 later decision quote this exact passage
   e.g. Luckenbach v. Insular Line

2. ““That the captain shall be under the orders and direction of the charterers as regards employment, agency, or other arrangements; and shall sign bills of lading as presented, and at any rate of freight the charterers or their agents may choose, without prejudice to this charter party; and the charterers hereby agree to Indemnify the owners from any consequences and liabilities that may arise from the captain signing such bills of lading, or in his otherwise following the charterer’s instructions. “That the captain shall prosecute his voyage with the utmost dispatch and under the direction and control of charterers. * * * “That the master shall be furnished, by the charterers, from time to time, with all requisite instructions and sailing directions, and shall obey the same. * * * ””

   1 later decision quote this exact passage
   e.g. Pacific Improvement Co. v. Schubach-Hamilton S. S. Co.

3. ““Nor can we assent to the proposition, which is earnestly contended for,, that under charter parties of this sort there is some joint, two-headed navigation of the vessel which will put.both parties in control. The provisions (clauses 8, Iff) that the captain shall be under the orders and direction of the charterers as regards employment and other arrangements merely authorize the charterer, to designate the safe port, and the berth therein to, which the ship shall proceed. How she shall be navigated to get there is a matter entirely within the owner’s hands.””

   1 later decision quote this exact passage
   e.g. The Beaver