The Garden City’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'‘‘Doubtless a single claim less than the value of the vessel would be insufficient to sustain the proceeding. For in that case no purpose would he subserved by the special proceeding that would not be equally available by way of defense iii an ordinary suit; and it is not to he presumed that congress intended in such a case to take away trial by jurv. ” Providence & N. Y. Steamship Co. v. Hill Manuf’g Co., 109 U. S. 578 , 594, 595, 3 Sup. C. Rep. 379, 617.”

   2 later decisions quote this exact passage
   e.g. In re New York Harbor Towboat Co. · The Aquitania

2. ““It occasionally happens that no claims whatever are proved, and sometimes a surplus has arisen, where the claims were less than the proceeds of the vessel sold; hut it has never been contended that the decrees in such cases were void. Briggs v. Day, 21 Fed. 727 . It is often impracticable, moreover, for the pelitiorers to know or to ascertain just what the amount of the losses is. It would clearly defeat the purpose of this law if all proceedings must be delayed, and no petition could be filed, until claims were actually presented to the owners in excess of the value of the vessel; or if the owners of the vessel must first make sure that the amount of the actual demands against them was in excess of the value of the vessel. As stated above, one of the clear purposes of the law is to fix and declare a certain limit of liability; and, as incident to this, to determine whether the vessel Is liable at all. and to determine this in a single proceeding, and not leave it to be litigated and possibly determined in contrary ways in as many different suits as there may be different demands. Providence, etc., Co. v. Hill Manuf’g Co., 109 U. S. 593 -595, 3 Sup. Ct. 379 , 617; In re Dong Island Transp. Co. (D. C.) 5 Fed. 599 , 612. Owners should be held entitled to commence these proceedings with reasonable promptness, in order to determine whether they are liable at all, and, if liable, then the extent of that liability, so that they may know speedily their situation as respects the fut”

   1 later decision quote this exact passage
   e.g. The Hoffmans

3. ““* * * It is not necessary to aver or to prove that the claims against the vessel are in excess of her value, as a condition of the jurisdiction of the court to entertain this proceeding,””

   1 later decision quote this exact passage
   e.g. The Aquitania