In re Harris’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 1 state decisions

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

1. “It is true that when a storm is relied upon to explain the sinking of a vessel the storm must be shown to have been of extraordinary intensity. Sabine Towing Co. v. Brennan, 5 Cir., 1934, 72 F.2d 490, 493. However, what constitutes `extraordinary intensity' is a relative matter. The Supreme Court pointed out in Compania de Navegacion Interior, S.A. v. Firemen's Fund Ins. Co., 1928, 277 U.S. 66 [48 S.Ct. 459, 72 L.Ed. 787], that a large oceangoing vessel encountering what to it would be a light breeze could well be an exceedingly dangerous gale to a small, inland, wooden tug. Here we had a small, inland, wooden tug that encountered waves of 12 to 13 feet, which must surely constitute a storm of `extraordinary intensity' to such a vessel.”

   1 later decision quote this exact passage · from the majority
   e.g. Walker v. Harris

2. “There is an important distinction between calling for a statement at a deposition and calling for a statement at a trial during cross-examination. After an adverse witness has testified in the trial, opposing counsel, in order to effectively cross-examine, may be entitled to see and use previous statements of the witness.”

   1 later decision quote this exact passage · from the majority
   e.g. Pacific Northwest Bell Telephone Co. v. Century Home Components, Inc.

3. “as they jumped the HAVENS sank and the afterdavit swung out, caught the gunwale of the lifeboat and capsized it.”

   1 later decision quote this exact passage · from the majority
   e.g. Walker v. Harris