Calmar S. S. Corp. v. Scott’s Empirical Analysis
209 F.2d 852 · 1954
Citation profile
7 federal appellate · 4 district ·
How this case has been cited
Cited by 17 later decisions — most recently May 2009
7 federal appellate · 4 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 Stipcich v. Metropolitan Life Insurance · Railway Company v. McCarthy · Aschenbrenner v. United States Fidelity & Guaranty Co. · Insurance Co. v. Wolff · Calmar Ss Corp v. Scott
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.
“[The constructive total loss doctrine] is granted to relieve the owner of the embarrassment of having upon his hands a ship, completely useless as she lies, and being without remedy until such time as she can be recovered and repaired, which may mean an indefinite postponement. ... It follows inescapably, so far as we can see, that if the ship has become innavigable because of a risk insured against, and, if it is impossible for the owner, within the time allotted to him to elect whether to abandon, to form any reliable estimate of the prospective expense of her recovery and repair, to say nothing of an estimate “of the highest degree of probability,” he is entitled to abandon; and this we think is a privilege given by the law quite aside from any provision in the policy, although of course the policy may provide otherwise.”
1 later decision quote this exact passage · from the majority“No recovery for a Constructive Total Loss shall be had hereunder unless the expense of recovering and repairing the vessel shall exceed the insured value.”
1 later decision quote this exact passage · from the majority“so far as any reasonable calculation can be made, in the highest degree of probability.”
1 later decision quote this exact passage · from the majority
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.