The Bird of Paradise’s Empirical Analysis
72 U.S. 545 · 1866
Citation profile
46 federal appellate · 14 district · 5 state decisions
How this case has been cited
Cited by 111 later decisions (4 by the Supreme Court) — most recently June 2018 · most notably Krauss Bros. Lumber v. Dimon Steamship Corp. (1933), Rainbow Line, Inc. v. M/v Tequila (Ex Linglee), Her Engines, Tackle, Boiler, Equipment, Etc. Empire Commercial Corporation, Claimant-Appellant (1973)
46 federal appellate · 14 district · 5 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 Law v. Cross
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 111 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The lien of the carrier by water for his freight, under the ordinary bill of lading, although it is maritime, yet it stands upon the same ground with the carrier by land, and arises from his right to retain the possession until the freight is paid, and is lost by an unconditional delivery to the consignee.”
4 later decisions quote this exact passage · from the majority“Legal effect of such a lien is, that the ship-owner, as carrier by water, may retain the goods until the freight is paid, or he may enforce the same by a proceeding in rem in the District Court.”
4 later decisions quote this exact passage · from the majority““Parties, however, may frame their contract of affreightment as they please, and, of course, may employ words to affirm the existence of the maritime lien, -or to extend or modify it, or they may so frame their contract as to exclude it altogether. They may agree that the goods, when the ship arrives at the port of destination, shall be deposited in the warehouse of the consignee or ownér, and that the transfer and deposit shall not be regarded as the waiver of the lien; and where they so agree, the settled rule of this court is that the law will uphold the agreement and support the lien.””
3 later decisions 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.