The L. W. Perry’s Empirical Analysis
71 F. 745 · 1896
Citation profile
1 federal appellate · 2 district ·
How this case has been cited
Cited by 4 later decisions (1 by the Supreme Court) — most recently September 1930
1 federal appellate · 2 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 Post v. Jones · Clyde Steamship Co. v. The William Smith
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““While salvage is of the nature of a reward for meritorious service, and for determination of its amount the interests of the public and the encouragement of others to undertake like service are taken into consideration, as well as the risk incurred, and the value of the property saved, and where the proceeds for division are small, the proportion of allowance to the salvor may be enlarged to answer these purposes, nevertheless, the doctrine' of salvage requires, as a prerequisite to any allowance, that the service ‘must be productive of some benefit to the owners of the property salved; for, however meritorious the exertions of alleged salvors may be, if they are not attended with benefit to the owners, they cannot be compensated as such.’ Abb. Shipp. (London, Ed., 1892) 722. The claim of the libelant can only be supported as one for salvage. It does not constitute a personal demand, upon quantum meruit, against the owners, but gives an interest in the property saved, which entitles the salvor to a liberal share of the proceeds. Allowance of the whole cannot be made without repudiating the doctrine of salvage; and, as remarked by Judge Betts, in The Waterloo, 1 Blatchf. & H. 114, Fed. Cas. No. 17,-257, ‘would be a return to the barbarous practice of giving the finder all he finds.’ There must be a residuum secured to tbe owner. ‘His rights are not be deemed derelict.’ Id. In Smith v. The Joseph Stewart, Crabbe, 218 Fed. Cas. No. 13,070, a similar claim was denied, and it is ”
2 later decisions quote this exact passagee.g. Duff v. Merritt · The Pelotas
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.