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← 71 F.1d 733 - In re Whitelaw

In re Whitelaw’s Empirical Analysis

71 F. 733 · 1896

Citation profile

8
cited by 8 later decisions
June 1954
most recently cited

2 federal appellate · 3 district ·

How this case has been cited

Cited by 8 later decisions — most recently June 1954

2 federal appellate · 3 district ·

401896190019101920193019401950decided

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 The Lottawanna · Providence Co v. Hill Manuf'G · The " Scotland" · Butler v. Boston & Savannah Steamship Co. · Norwich Company v. Wright

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““ ‘The subject is one pre-eminently of admiralty jurisdiction. The rule of limited liability prescribed by the act of 1851 is nothing more than the old maritime rule administered In courts of admiralty in all countries except England, from time immemorial; and If this were not so, the subject matter itself is one that belongs to the department of maritime law. The adoption of forms and modes of proceeding requisite and proper for giving due effect to the maritime rule thus adopted by Congress, and for securing to shipowners its benefits, was therefore strictly within the powers conferred upon this court; and where the general regulations adopted by this court do not cover the entire ground, it is undoubtedly within the power of the district and circuit courts, as courts of admiralty, to supplement them by additional rules of their own. * * * In promulgating the rules referred to, this court expressed its deliberate judgment as to the proper mode of proceeding on the part of ship owners for the purpose of having their rights under the act declared and settled by the definitive decree of a competent court, which should be binding on all parties interested, and protect the shipowners from being harrassed by litigation in other tribunals. * * * We see no reason to modify these views, and, in our judgment, the proper District Court, designated by the rules, or otherwise Indicated by circumstances, has full jurisdiction and plenary power, as a court of admiralty, to entertain and c”
    1 later decision quote this exact passage · from the majority
  2. ““ * * * that is precisely one of the questions which the district court is to determine. It is the very proposition which must first be settled in order to decide whether the owners are entitled to a limitation of their liability or not.””
    1 later decision quote this exact passage · from the majority

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.