The Barnstable’s Empirical Analysis

Citation profile

104 federal appellate · 55 district · 3 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 290 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the law in this country is entirely well settled that the ship itself is to be treated in some sense as a principal, and as personally liable for the negligence of anyone who is lawfully in possession of her, whether as owner or charterer”

   4 later decisions quote this exact passage · from the majority
   e.g. Churchill v. F/v Fjord F/v Fjord · Dant & Russell, Inc. v. Dillingham Tug & Barge Corp.

2. ““He sailed the vessel on sbares, hiring his own crew, paying and victualing them, paying half the port charges, retaining half the net freight after the port charges were taken out, and paying to the general owners the other half. It is clear, therefore, that he must be considered as having been the owner ‘pro hac vice.’ This accords with the authorities generally. Notwithstanding this, however, and though Hammond was the special owner, it has boon contended on behalf of the libelants that all the general owners are liable for Hie torts committed by the schooner while she was thus let to charter. The Circuit Court was of opinion that they are not, and this court is equally divided upon the question. But we are all of opinion that the owner pro hae vice is liable, and that he may be charged in this proceeding. The court below held that he had beikn sued merely as a part owner, not as the charterer, wrongdoer, or active cause of the disaster, and that, as his liability was placed by I he libel on the same ground as that of other owners, the suit must stand or fall as to all the respondents, and they held the act of March 8, 1851, a bar to the suit in the form in which it had been brought. The court, therefore. di: missed the libel. This, we think, was an error. The act of March 3, 18ÜÍ, enacts, by its fifth section, that the charterer or charterers of any ship or vessel, in case he or they shall man, victual, and navigate such vessel at his or their own expense, or by his or th”

   1 later decision quote this exact passage · from the majority
   e.g. The Paraiso

3. ““Before Ore time to answer expired, the Turret Company presented a petition, setting forth that at the time of the collision the Barnstable was chartered to the Boston Bruit Company, a Massachusetts corporation; that the charterer supplied its own officers and crew, who were navigating the vessel at the time of the collision, and that, if there were any faults on the parr of the Barnstable, they were the faults of the charterer and not those of the owner.””

   1 later decision quote this exact passage
   e.g. The Powell, Barges Nos. 5 & 7