Barnard v. Adams’s Empirical Analysis

Citation profile

17 federal appellate · 21 district · 3 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In order to constitute a case for general average three things must concur: (1) A common danger,—a danger in which ship, cargo, and crew all participate,—a danger imminent and apparently ‘ inevitable,’ except by voluntarily incurring the loss of a portion of the whole to save the remainder; (2) there must be a voluntary jettison, jactus, or casting away of some portion of the joint concern for the purpose of avoiding this imminent peril, pericuM imminentts emtandi causa, or, in other words, a transfer of the peril from the whole to a particular porilon of the whole; (3) this attempt to avoid the imminent common peril must be successful.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ralli v. Troop · Sonsmith v. The J. P. Donaldson

2. ““It this be the meaning of this proposition, and we can discern no other, it is a denial of the whole doctrine upon which the claim tor general average has its foundation. For the master of the ship Would not be justified in casting a part of the cargo into the sea, or slipping his anchor, or cutting away his masts, or stranding his vessel, unless compelled to it by the necessity of the case, in order to save both ship and cargo, or one of them, from an imminent peril which threatened their common destruction. The necessity of the case must compel him to choose between the loss of the whole and part; but, however metaphysicians may stumble at the assertion, it is this forced choice which is necessary to justify the master in making a sacrifice, as it is called, of any part for the whole. [Page 304.] * * The jactus is said to be sacrificed, not because its chance of escape was separate, but because of its selection to suffer, be it more or less, instead of the whole, whoso chances of safety, as a whole, had become desperate. The imminent destruction of the whole has been evaded as a whole, and part saved, by transferring the whole peril to another part. [Page 806.]””

   1 later decision quote this exact passage · from the majority
   e.g. Heye v. North German Lloyd

3. ““The 2½ per cent, allowed for collecting the general average rests upon the usage and custom of merchants and average brokers. It is a duty arising out of the unforeseen disaster, and resulting directly from it. Usually there are contributions to be paid out, as well as received, by the shipowner. It is a troublesome duty, not embraced in their obligation as mere carriers. The usage is therefore not unreasonable. The objection, that it is paying the owners for merely collecting their own debt, is founded on the accidents or peculiar circumstances of this case, and does not affect the general principle.on which this usage is based.””

   1 later decision quote this exact passage · from the majority
   e.g. Gulf Refining Co. v. Universal Ins.