Fernandez v. Chios Shipping Co.’s Empirical Analysis
1976
Citation profile
Relationships
Relies on Guzman v. Pichirilo · Albanese v. N. v. Nederl. Amerik Stoomv. Maats. · Demsey & Associates, Inc. v. S.S. Sea Star · Nichimen Company, Inc. v. M. v. Farland, Her Engines, Boilers, Etc., and A/s Vigra, Defendants-Appellants-Appellees v. Seaboard Shipping Co., Ltd. · Albanese v. N. V. Nederl. Amerik Stoomv. Maats.
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The charterer’s prime responsibility for loading and stowage is not destroyed by the qualification that this shall be “under the supervision of the Captain,” a phrase doubtless intended to make plain the master’s right to veto a plan that might imperil the seaworthiness of the vessel ... not to impose on him a duty, as the owner’s agent, to supervise the charterer’s stow. Had the stowage in this case been properly designed by the charterer’s agent, no damage would have occurred. The primary negligence was of the charterer’s agent, and we can discern no valid reason why the charterer should now be allowed to shift the cargo damage to the owner on the theory that the Captain, on behalf of the owner, should have corrected its improper stowage.”
1 later decision quote this exact passage · from the majority“It seems clear to this court that, as construed by the Court of Appeals in Nichimen, clause 8 shifts primary responsibility for the active control of cargo operations to the charterer ... Moreover, where, as in this case, the finding of unseaworthiness against 'the ship owner is, in fact, predicated upon unsafe conditions created ■ by stevedore and shipper rather than upon any conditions created by the ship owner, there seems to be no basis in equity for denying indemnity from the charterer, when the ship’s captain retained such limited responsibility for cargo operations under the charter agreement,.”
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.