The Cubadist’s Empirical Analysis

Citation profile

6 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““And we agree with the following statement of the rule by Judge Ervin in The Cuba-dist (D. C.) 252 F. 658 , 662: “ ‘I do not think that the statute was intended to penalize any master or vessel for exercising sound judgment and discretion, or to require them to surrender such judgment under a penalty of double pay. I think the language used carries with it the idea that, where the court finds that the master’s refusal was willful and without justification or excuse, double pay should be given, but where the master was exercising a reasonable and proper discretion, and the question was doubtful, it reserves to the court the power to pass upon the question of the reasonableness or the sufficiency of the excuse of the master, and give or deny the double pay, accordingly as the court may find the contention of the master to be honest or a mere pretext.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. St. Cliarz v. Sweeney · Atkies v. Mikkelsen

2. “’ Section 4529: ‘‘The master or owner of any vessel making coasting voyages shall pay to every seaman his wages within two days after the termination of the agreement under which he was shipped, or at the time such seaman is discharged, whichever first happens; and in case of vessels mating foreign voyages, or from a port on the Atlantic to a port on the Pacific, or vice versa, within twenty-four hours after the cargo has been discharged, or within four days after the seaman has been discharged, whichever first happens; and in all cases the seaman shall be entitled to be paid at the time of his discharge on account of wages a sum equal to one-third part of the balance d.ue him. * * * Section 4530: “Every seaman on a vessel of the United States shall be entitled to receive on demand from the master of the vessel to which he belongs one-balf part of the wages which he shall have then earned at every port where such vessel, after the voyage has been commenced, shall load or deliver cargo before the voyage is ended and all stipulations In the contract to the contrary shall.be void: Provided, such a demand shall not be made before the expiration of, nor oftener than once in five days. Any failure on the part of the master to comply with this demand shall release the seaman from his contract and he shall be entitled to full payment of wages earned. And when the voyage is ended every such seaman shall be entitled to the remainder of the wages which shall then be due him, as provided”

   1 later decision quote this exact passage · from the majority
   e.g. The Cubadist

3. ““And when the voyage is ended every such seaman shall be entitled to the remainder of the wages which shall then be due him, as provided in, section 4529 of the Revised Statutes.””

   1 later decision quote this exact passage · from the majority
   e.g. The Cubadist