Smith v. Seitter’s Empirical Analysis

Citation profile

2 federal appellate · 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * the plaintiff, an experienced hand on shrimpers who had served on them in all capacities, including Master, was emphatic that the custom and practice called for a three, not two, man crew. Finally, the Judge, certainly as much as could a jury, was permitted to bring to bear on this record the general experience of men in appraising what the evidence reflected in terms of requirements prudently needed for reasonably safe operations. The facts on this were clear. The Master at the wheel was of no help unless, of course, he left the wheel and committed navigation to an automatic pilot. Conducting the operations with a single crew member, the seaman hauling in nets from the starboard side could not be both on the starboard side as occasion demanded and on the port side to stop the winches if trouble arose. The fact finder had a rational basis for concluding that for the operations contemplated, there was more for one man to do than was reasonably prudent. Of course, to be inadequately or improperly manned is a classic case of an unseaworthy vessel.””

   1 later decision quote this exact passage · from the majority
   e.g. Sams v. Haines

2. ““For all practical purposes, Captain O’Neal could not perform the duties of a crewman. He was Master at the wheel, which was without an automatic pilot. Smith had to attempt to serve as deck and winch hand both, an impossible task. He was to bring up the try-net, dump it, assort the shrimp, wash away the trash, and run the winch. Without assistance from O’Neal in emptying the try-net and raking away the trash, Smith would have been delayed in running the winch. Some duties were neglected so that more important ones could be performed. There was too much work here for one crew member to handle.””

   1 later decision quote this exact passage · from the majority
   e.g. Sams v. Haines