Drake v. E. I. DuPont deNemours & Co.’s Empirical Analysis
432 F.2d 276 · 1970
Citation profile
36 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 43 later decisions — most recently September 2010 · most notably Martinez v. Dixie Carriers, Inc. (1976), Smith v. Atlas Off-Shore Boat Service, Inc. (1981)
36 federal appellate · 2 district · 1 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 Seas Shipping Co. v. Sieracki · McAllister v. United States · In Re Disbarment of Isserman · United New York & New Jersey Sandy Hook Pilots Ass'n v. Halecki · West v. United States
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“was in no way “the type of work” traditionally done by the ship’s crew. It was work that could not even be performed upon a ship ready for sea, but only when the ship was “dead” with its generators dismantled. Moreover, it was the work of a specialist, requiring special skill and special equipment — portable blowers, air hoses, gas masks, and tanks of carbon tetrachloride, all brought aboard the vessel for this special purpose, and none connected with a ship’s seagoing operations. Indeed, the work was so specialized that the repair yard engaged to overhaul the vessel was not itself equipped to perform it, but had to enlist the services of a subcontractor. A measure of how foreign was the decedent’s work to that ordinarily performed by the ship’s crew is that it could be performed only at a time when all the members of the crew were off the ship.”
1 later decision quote this exact passage · from the majority“Great latitude is given the trial judge in awarding damages, and his judgment will not be set aside unless the award is clearly inadequate.”
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.