The Ferncliff’s Empirical Analysis
1938
Citation profile
5 federal appellate · 6 district · 1 state decisions
How this case has been cited
Cited by 17 later decisions (2 by the Supreme Court) — most recently March 1996
5 federal appellate · 6 district · 1 state decisions
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
Applies 49 U.S.C. § 111
Relies on Liverpool & Great Western Steam Co. v. Phenix Insurance · Luckenbach v. W. J. McCahan Sugar Refining Co. · Schnell v. The Vallescura · Phœnix Insurance v. Erie & Western Transportation Co. · The Delaware
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 clause we are here dealing with does not appear to operate in that way [i. e., ‘to relieve the carrier from the consequences of its negligence’]. . . . The clause is gratified by determining the amount of the whole tonnage damaged, and multiplying by the damage per ton. ... In operation the clause only eliminates prospective profit, and limits the damage to the owner’s actual loss in the transaction. It may even operate to his advantage if the market value at destination is less than the invoice value. In my opinion the -clause is therefore different in its operation and effect from that condemned in the Ansaldo case. [ 294 U. S. 494 .] “In the Ansaldo Case two general types of valuation clauses were considered, one described as a ‘true limitation agreement’ and the other as a ‘true valuation clause.’ The one involved in this case would seem to fall in the latter category. ... I take the view'after reading the; cases specially cited in the opinion and other consideration of the subject, that the clause as here worded is not against public policy and should be given effect. . . . The general rule of our law is freedom of contract, subject only to statute and considerations of the public interest. Where a contract stipulation is not clearly opposed to public policy it should be upheld, as it is the agreement of the parties. The particular question is not likely to again arise as the subject is now regulated by the Carriage of Goods by Sea Act, § 4 (5), 46 U. S. G A. § 1304”
1 later decision quote this exact passage · from the majority“All claims for which the ship and or carrier may be liable shall be adjusted and settled on the value declared by the shipper or on the net invoice cost plus disbursements, whichever shall be the least. The carrier shall not be liable for any profit or consequential or special damages, and shall have the option of replacing any lost or damaged goods.”
1 later decision quote this exact passage · from the majority“to relieve the carrier from the consequences of its negligence”
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.