The Jean Bart’s Empirical Analysis

Citation profile

3 federal appellate · 5 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Tt will be thus seen that by virtue of the Harter Act the ship is still held, as theretofore, responsible for loss or damage arising from negligence, fault, or failure in the proper custody, care, or delivery of the cargo, and at the same time is exonerated from damage or loss resulting from faults or errors in navigation or in the management of the vessel, where due diligence has been exercised to properly man, equip, and supply it, and to make it in all respects seaworthy. Tt will not do to so construe these provisions as to make them nullify each other. On the contrary, they must be so read as to give effect to each, if possible. Undoubtedly a fault or error in the navigation or management of a vessel carrying cargo may, and often does, result in injury to the ‘custody, care anil delivery’ of the cargo. * * * But, if the owner of the vessel has performed his duty by making the vessel in all respects seaworthy for the voyage it undertakes, it is plain that neither he nor the vessel can be held responsible from any merely incidental damage resulting to the cargo from a fault or error in its subsequent navigation or management, if section 3 of the act Is to be given any force. ® In the case in hand, the record shows that for about seven weeks the ship In question straggled with wind and wave in an effort to round Cape Horn. ■» * * The question confronting him (.the master) was primarily and essentially one of navigation—how best, in view of the trying circumstances in which ”

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

2. ““The question therefore is whether the failure to properly use the ventilating equipment is a fault or error ‘in navigation or in the management of the ship,’ under the third section; or whether it is ‘negligence, fault, or failure in proper * * * care of * * * merchandise or property committed’ to the charge of the claimant. It sometimes happens that the duty of the ship’s officers may relate both to the management of the ship and to the care of the cargo, and the rule has therefore become established that the proper classification in law of such a duty depends upon the purpose to which it primarily relates. * * * I am of the opinion that here the failure of the officers primarily related to the care of the cargo, and only incidentally, if at all, to navigation or the management of the ship.””

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