Maritime Overseas Corporation v. Northeast Petroleum Industries Inc’s Empirical Analysis
706 F.2d 349 · 1983
Citation profile
14 federal appellate · 5 district · 3 state decisions
How this case has been cited
Cited by 30 later decisions — most recently December 2015 · most notably Gibbs v. Air Canada (1987), Joia v. Jo-Ja Service Corp. (1987)
14 federal appellate · 5 district · 3 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 Seas Shipping Co. v. Sieracki · Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp. · United States v. Reliable Transfer Co. · Weyerhaeuser Steamship Co. v. Nacirema Operating Co. · Gerry v. United States
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`[d]esigned to shift the whole loss upon the more guilty of the two tortfeasors . . . has usually been available only where the party seeking it was merely passively negligent while the would-be indemnitor was actively at fault. "Passive negligence" has been limited to instances in which the indemnitee was vicariously or technically liable. Where the party seeking indemnification was itself guilty of acts or omissions proximately causing the plaintiff's injury, tort indemnification is inappropriate.'"”
3 later decisions quote this exact passage“[W]e find the crucial elements of Ryan to be as follows: a shipowner, relying on the expertise of another party (the contractor), enters into a contract whereby the contractor agrees to perform services without supervision or control by the shipowner; the improper, unsafe or incompetent execution of such services would foreseeably render the vessel un-seaworthy or bring into play a pre-exist-ing unseaworthy condition; and the shipowner would thereby be exposed to liability regardless of fault. Where these elements are present, there will be implied in the contract an agreement by the contractor to indemnify the shipowner for any liability it might incur as a result of an unseaworthy condition caused or brought into play by the improper, unsafe or incompetent performance of the contractor.”
1 later decision quote this exact passage“Delano v. Ives , 40 F. Supp. 672 , 674 (E.D.Pa. 1941). Or, as stated in Maritime Overseas Corporation v. Northeast Petroleum Industries, Inc. , 706 F.2d 349 (1st Cir. 1983), quoting Araujo v. Woods Hole, Martha's Vineyard, Nantucket Steamship Authority , 693 F.2d 1 , 3 (1st Cir. 1982):”
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.