The Gladiolus’s Empirical Analysis

Citation profile

2 federal appellate · 1 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The leaving open of a common between-deck hatchway when the vessel is lying in port, under ordinary circumstances, is not presumptive evidence of negligence on the part of the ship. This is not only shown to be the custom by the testimony in this case, but it has been so frequently commented upon in decisions as to be too well settled to be questioned. The Victoria, 13 Fed. 43 ; Dwyer v. Steamship Co., 4 Fed. 493 ; The Carl, 18 Fed. 655 ; The Germania, 9 Ben. 356 , Fed. Cas. No. 5,360; The Helios, 12 Fed. 732 . While the falling through an open hatchway by a stranger, a landsman, visitor, or passenger, on hoard a vessel, might -not be presumptive of negligence on his part, where such accident occurs to a seaman or stevedore, who is accustomed to hatches, their presence, necessity, uses, character, and location, the ease is different; and, unless the circumstances of the particular case are such as to rebut it, the first presumption is of his negligence.””

   1 later decision quote this exact passage
   e.g. Craig v. The Saratoga