Koninklyke Nederlandsche Stoomboot Maalschappy, N.V. v. Strachan Shipping Co.’s Empirical Analysis

Citation profile

5 federal appellate · 1 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Thus the appellee’s only logical argument from the basis of the Texas cases is that if the issue of an implied contractual warranty for workmanlike performance came before the Texas courts, they would hold that it did not exist. It is at this point, however, that maritime law controls. Ryan, supra, conclusively decided that a stevedoring company gives an implied contractual warranty to perform services in a workmanlike fashion; it is, therefore, no longer open to the Texas courts to determine otherwise no matter what they might decide with respect to contracts controlled by state law. Having found such a warranty, it is no longer open to the appellee to argue that indemnity is “indirect” in terms of the Renner case. Nor do we see under any circumstances how Texas could cut off Royal’s contractual rights in the absence of federal statutory authority to that effect once a judicially-established maritime rule prevails. [ 304 F.2d at 547-548 (1962)].”

   1 later decision quote this exact passage · from the majority
   e.g. 265 F. Supp. 827 - McCross v. Ratnakar Shipping Co.