Brauer v. Compania Navigacion La Flecha’s Empirical Analysis
57 F. 403 · 1893
Citation profile
2 federal appellate · 6 district ·
How this case has been cited
Cited by 9 later decisions (1 by the Supreme Court) — most recently August 1925
2 federal appellate · 6 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 · Hathaway v. The Brantford City · Monroe v. The Iowa
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘•I’po,, !lie whole testimony in this pitiful case, I am not disposed to pronounce aay unfavorable judgment upon the handling of the ship by the master. His record as a master appears to have been good, and, on any doubiful question of navigation, he is entitled to the benefit of his record. He had some, though not large, experience in the transportation of cattle; and the experts called by each party place so much stress upon the special circumstances of the situation, the quality of the ship, and the necessary determination of the master’s own judgment at the time, that, in the circumstances testified to. I do not And any conclusive proof adverse to the master’s judgment as to the navigation of the ship. The evidence leaves.not the least doubt in my mind, however, that the sacrifice of a considerable number of live cattle that were not maimed or substantially hurt was made on the morning: of Sunday, the 1st of November, not from any pressing necessity, but solely from more apprehension, and 1 am further persuaded that there was no reasonable or apparent necessity for the sacrifice. It was morning. The night was past No one testifies to any pressing peril to tiro ship. The log does not hint of it No reason appears why such cattle as could go about, and were actually going about, should not have been cared for and preserved. There was plainly no effort made to separate the sound from the maimed. Hven the master says, in answer to the question, ‘Were those cattle standing up ¡”
2 later decisions quote this exact passage · from the majority“that the libellants recover damages for such of the oxen as were of any market value and not fatally wounded or maimed at the time when the houses and cleats provided for them were designedly torn up, and which oxen were cast overboard or negligently suffered to go overboard through the open gangways on the morning of November 1st, and on the evening of the night previous;”
1 later decision quote this exact passage · from the majority“accident to, or mortality of the animals,”
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.