Dupont De Nemours Co v. John Vance et al.’s Empirical Analysis

Citation profile

78 federal appellate · 70 district · 2 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 193 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘To constitute seaworthiness of the hull of a vessel in respect to cargo, the hull must be so tight, staunch, and strong as to be competent to resist all ordinary action of the sea, and to prosecute and complete the voyage without damage to the cargo.’ * * * In view of this rule, as to what constitutes seaworthiness, it has been uniformly held that if a vessel springs a leak, and founders', soon after starting upon her voyage, without having encountered any storm or other peril to which the leak can be attributed, the presumption is that she was unseaworthy when she sailed.””

   4 later decisions quote this exact passage · from the majority
   e.g. The Lillie Hamilton · The Ninfa

2. ““The rules of pleading in the admiralty are exceedingly simple and free from technical requirements. It is incumbent on the li-bellant to propound with distinctness the substantive facts on which he relies; to pray, either specially or generally, for the relief appropriate to them; and to ask for such process of the court as is suited to the action, whether in rem or in personam. ■“It is incumbent on the respondent to answer distinctly each substantive fact alleged in the libel, either admitting or- denying, or declaring his ignorance thereof, and to allege such other facts as he relies upon as a de-fence, either in part or in whole, to the case made by the libel. “The proofs of each party must correspond substantially with his allegations, so as to prevent surprise. But there are no technical . rules of variance, or departure in pleading, like those in the common law, nor is the court precluded from granting the relief appropriate to the case appearing on the record, and prayed for by the libel, because that entire case is not distinctly stated in the libel.””

   3 later decisions quote this exact passage · from the majority
   e.g. The Thornley · United States v. St. Paul Fire & Marine Ins.

3. ““If it be made to relieve the adventure from a peril which has fallen on all the subjects engaged in it, the risk of which peril was not assumed by the carrier, the charge is to be borne proportional)]y by all the interests, and there is a lien on each to the extent of its just contributory obligation.””

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