Newell v. Norton and Ship’s Empirical Analysis
70 U.S. 257 · 1865
Citation profile
23 federal appellate · 11 district · 4 state decisions
How this case has been cited
Cited by 71 later decisions (11 by the Supreme Court) — most recently June 2018 · most notably Continental Grain Company v. The Fbl-585 (1960), The Oregon (1895)
23 federal appellate · 11 district · 4 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 De Sobry v. Nicholson · The Schooner Adeline & Cargo · Silliman v. Hudson River Bridge Co.
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““I will only add that a third objection, that it might affect the rights of the sureties on the bond given for the property, has not been considered of weight in any cases at common law. When the property has been delivered on bonds it is too much to contend that the rights of the court can be increased or diminished by that circumstance. Every person so hailing the property is considered as holding it subject to all legal dispositions by the court. A fortiori, the objection would, with great difficulty, find support in a court exercising admiralty jurisdiction.””
3 later decisions quote this exact passage · from the majority“[m]aritime liens are not established by the agreement of the parties, except in hypothecations of vessels, but they result from the nature and object of the contract. They are consequences attached by law to certain contracts, and are independent of any agreement between the parties that such liens shall exist. They, too,, are stricti juris. 16”
2 later decisions quote this exact passage“We have had occasion to remark more than once that when both courts below have concurred in the decision of questions of fact, . . . parties ought not to expect this court to reverse such a decree by raising a doubt founded on the number or credibility of witnesses. The appellant in such a case has all presumptions against him, and. the burden is cast on him to prove affirmatively some mistake made by the judge below in the law or in the evidence. It will not do to show that on one theory, supported by some witnesses, a different decree might have been rendered, provided there be sufficient evidence to be found on the record to establish the one that was rendered.”
1 later decision quote this exact passage · from the majoritye.g. The "Richmond."
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.