The Caledonia’s Empirical Analysis
43 F. 681 · 1890
Citation profile
10 federal appellate · 12 district ·
How this case has been cited
Cited by 31 later decisions (2 by the Supreme Court) — most recently April 1999 · most notably The Edwin Morrison Bradley Fertilizer Co v. Lavender (1894), May v. Hamburg-Amerikanische Packetfahrt Aktiengesellschaft (1933)
10 federal appellate · 12 district ·
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 Liverpool & Great Western Steam Co. v. Phenix Insurance · The Delaware · Work v. Leathers · Western Union Telegraph Co. v. Hall · Sisson v. Cleveland & Toledo Railroad
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When the parties have made such a contract, the shipowner cannot, without the shipper's consent, vary its terms by inserting now provisions in a bill of lading. * * * In the case at bar, the unseaworthiuess of the vessel consisted in the unfitness of her shaft when, she left port. * * * The, exception of ‘si cam boilers and machinery, or defects therein,’ inserted * * ® in the midst of a long enumeration, of various causes of damage, all the rest of which relate to matters happening after the beginning of the voyage, must, by elementary rules of construction, and according to the great weight of authority, bo held to be equally limited in its scope, and not to affect too warranty of seaworthiness at the time of leaving port upon her voyage. * * * A common carrier, receiving goods for carriage, and by whose fault they are not delivered at the time and place at which they ought to have been delivered, but are delivered at the same place afterwards, and wiien their market value is less, is responsible to the owner of the goods for such difference in. value. ® * * The same general rule lias been often recognized as applying to carriers by sea in tills circuit as well as in the second circuit.””
1 later decision quote this exact passagee.g. The Jeannie““In every contract lor the carriage of goods by sea, unless otherwise expressly stipulated, there is a warranty on the part of the shipowner that the ship is seaworthy at the time of beginning her voyage, and not merely that he does not know her to he unseaworthy, or that he has used his best efforts to make her seaworthy. The warranty is absolute that the ship is, or shall be, in fact seaworthy at that time, and does not depend on his knowledge or ignorance, his care or negligence.””
1 later decision quote this exact passage“In the instant case the only agreement [preceding the bill of lading] is to ship the cargo for a stated compensation. There are no limitations of any sort, not even perils of the sea excepted. It is apparent ..., from the entire record, that the bill of lading was understood by all of the parties as intending to express the real contract by which the mutual obligations of the parties were to be governed.”
1 later decision quote this exact passage
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.