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← 212 F.1d 525 - The C. S. Holmes

The C. S. Holmes’s Empirical Analysis

212 F. 525 · 1914

Citation profile

2
cited by 2 later decisions
November 1916
most recently cited

2 federal appellate ·

Relationships

Relies on The Osceola · Robert Workman v. Mayor Aldermen and Commonalty of the City of New York a · Chicago, Milwaukee & St. Paul Railway Co. v. Ross · New England Railroad v. Conroy · The City of Alexandria

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

  1. ““That during the month of December, 1912, the libelant signed articles a3 an able seaman to make a trip on board the schooner O. S. Holmes from San Francisco, Cal., to Everett, Wash., and return, at $45 per month. That while •on the return voyage, and while performing his duty as a seaman, on the 3d of January, 1913, in the afternoon, a heavy storm arose, and the ship sought shelter in Neah Bay. A tug was sent out to look at the condition of the weather, and came back and reported that it was not fit for any vessel to go out on account of the mountain of sea running at 12 o’clock noon. With the weather conditions unchanged the steamer Goliah gave the said C. S. Holmes •a steel cable of 5 inches thickness, which was taken on board and made fast ■on the forward end of the said ship by being placed three times around a square bitt; and by order of the captain of the said ship C. S. Holmes the ■steamer Goliah towed her to sea, it taking the steamer 7 hours to tow the C. S. Holmes a distance of 8 miles. That at about-7 o’clock, and while weather conditions were unchanged, the said steamer blew her whistle to let go the wire; the captain of the Holmes gave general orders for everybody to go forward and take hold of the' wire; the crew held back; when they received the orders the second time, everybody went forward, but none went to the wire, except the libelant; the captain was standing about 4 feet above the libelant, where he could see everything going on, libelant being in a pos”
    1 later decision quote this exact passage · from the majority
  2. ““That the captain gave orders to go back to Port Angeles. libelant requested to be taken to Port Townsend to the marine hospital, but was informed that it would cost $100 to do so, and that there was a marine doctor ■at Port Angeles, and so refused. They arrived at Port Angeles at 3 o’clock in the morning. The libelant again requested to be taken to Port Townsend to the marine hospital, and the captain again refused. At about 7 or 8 •o’clock the captain took libelant to Dr. Taylor, wrote out a permit, gave it to the said doctor, informing him at the same time that it was good for all expenses incurred. The said doctor asked the captain to explain the permit. The captain then told him: T have nothing to explain. The man is in your care now, and he is out of my hands’ — at the same time laughing at the doctor in a manner that would indicate that he had knowingly deceived him. The ■captain knew all the time that there was no marine doctor at Port Angeles, and that the permit was valueless for any purpose, other than to be used for admission at the Port Townsend marine hospital. The captain deliberately put libelant off at Port Angeles for the purpose of getting rid of him, knowing and intending that he would at most only receive temporary relief; at the same time he knew, or should have known, that libelant needed prompt and permanent attention on account of the condition of his injuries. That the libelant was taken to the office of the doctor, and in the presence of the captain”
    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.