The Rappahannock’s Empirical Analysis

Citation profile

6 federal appellate · 4 district ·

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

1. “•‘The evidence showed that the Rappahannock, on this trip, encountered three severe gales. * * * The captain and mate estimated the wind velocity at 60 miles an hour. They encountered heavy seas, sometimes quartering; but in the fall of the year such gales and seas are not infrequently encountered on the lakes, as the captain himself admitted. * * * It was not supposed by any of the officers or crew of the steamer that her seaworthiness was extraordinarily tried, although, of course, she labored and strained in the gales she encountered. There was no thought of the vessel foundering or going ashore. * * * The conclusion is that the Rappahannock encountered conditions of wind and sea which were not unusual at that season of the year. Seaworthiness imports ability to meet such conditions. * * * In our opinion the claimant does not sustain the burden of proving' that the leak resulted from a ‘danger of navigation’ within the exception of the bill of lading.” The Aggi, 107 Fed. 300 , 46 C. C. A. 276 ; The Italia (D. C.) 184 Fed. 366 ; The Medea, 179 Fed. 781 , 103 C. C. A. 273 ; The Westminster, 127 Fed. 680 , 62 C. C. A. 406 .”

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