Export Leaf Tobacco Company v. The American Insurance Company of Newark, New Jersey, the American Insurance Company of Newark, New Jersey, Third-Party v. Export Leaf Tobacco Company, and Park Bernard and W. W. Bernard, Partners Trading as Burley Bee Warehouse, Export Leaf Tobacco Company v. Park Bernard and W. W. Bernard, Partners Trading as Burley Bee Warehouse’s Empirical Analysis
260 F.2d 839 · 1958
Citation profile
7 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 16 later decisions (1 by the Supreme Court) — most recently May 2021
7 federal appellate · 2 district · 4 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
Relies on Luckenbach v. W. J. McCahan Sugar Refining Co. · Ayres v. Harleysville Mutual Casualty Co. · American Surety Co. of New York v. Canal Insurance · Automobile Ins. Co. of Hartford v. Springfield Dyeing Co. · St. Paul Fire & Marine Ins. v. Garza County Warehouse & Marketing Ass'n
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If Burley Bee had not effected the insurance required by Section 61-132, Export Leaf could, under the statute, have recovered from Burley Bee for the benefit of the insurers of the floater policy. Sorenson v. Boston Ins. Co., 4 Cir., 1927, 20 F.2d 640, 641, 642 . The insurer of either Export Leaf or of Burley Bee must bear the loss. Since Export Leaf’s insurer would not have had to bear the ultimate loss if Burley Bee had not effected insurance, it should not have to bear the ultimate loss because Burley Bee did effect insurance in obedience to the law.””
1 later decision quote this exact passage · from the majority““And the proprietors of every such warehouse shall keep, free of charge to the planter and owner of tobacco, an open policy of insurance upon their respective warehouses, sufficient to cover every loss by fire or water which any person having tobacco stored therein may sustain; and for a failure so to do, they shall be liable to the owners thereof for any damage or loss they may sustain by reason of any partial or total destruction of the tobacco by fire or water.””
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.