Isaac Bradlie v. The Maryland Insurance Company’s Empirical Analysis

Citation profile

18 federal appellate · 5 district · 10 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The right of abantionment does not depend upon the certainty, but on (lie high xirohability, of a total loss, either of the property or of the voyage, or both. The insured is to act, not upon corta ini ios, but upon probabilities, and if the tacts present a case of extreme hazard, and of probable expense exceeding half the value of tlie ship, the insured may abandon, though it should happen that she was afterwards recovered at a less expense.””

   2 later decisions quote this exact passage · from the majority
   e.g. Royal Exch. Assur. v. Graham & Morton Transp. Co. · Fireman's Fund Ins. v. Globe Nav. Co.

2. ““In many eases of stranding, the state of the vessel at the time may be such, from the immineney of the peril, and the apparent extent of the expenditures required to deliver her from it, as to justify an abandonment, although by some fortunate occurrence she may be delivered from her peril without an actual expenditure of one-half of her value after she is in safety. Under such circumstances, if, in all human probability, the expenditures which roust be incurred to deliver her from her peril are at the time, so far as any reasonable calculations can be made, in the highest decree of probability, beyond half value, and if her distress and peril be such as would induce a considerate owner, uninsured and upon the spot, to withhold any attempt to got the vessel off, because of such apparently great expenditures, the abandonment would doubtless be good.””

   1 later decision quote this exact passage · from the majority
   e.g. Wallace v. Thames & Mersey Ins.

3. “In respect to the mode of ascertaining the value of the ship, and, of course, whether she is injured to the amount of half her value, it has, upon the fullest consideration, been held by this court that the true basis of the valuation is the value of the ship at the time of the disaster; and that, if, after the damage [to the insured vessel] is or might be repaired, the ship is not, or would not be worth, at the place of the repairs, double the cost of the repairs, it is to be treated as a technical total loss.”

   1 later decision quote this exact passage · from the majority
   e.g. Fuller v. State Farm Fire & Casualty Co.