Welsh v. The Alvena’s Empirical Analysis
74 F. 252 · 1896
Citation profile
1 federal appellate · 7 district ·
How this case has been cited
Cited by 10 later decisions (2 by the Supreme Court) — most recently November 1941
1 federal appellate · 7 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 The Edwin Morrison Bradley Fertilizer Co v. Lavender · Baer v. Moran Bros. · Franklin Sugar Refining Co. v. Red Cross Line · Franklin Sugar-Refining Co. v. Silvia · Howell v. The Mary L. Peters
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This act has been supposed to relieve the vessel from the consequences of all latent defects in her construction, where jdue diligence’ has been used to maleo her perfect; and in the case of The Millie R. Bohannon (D. C.) 64 Fed. 883 , I stated that understanding of the act. See, also, The Silvia, 15 C. C. A. 362 , 68 Fed. 230 , 232. The language of the third section of the act, however, extends only to ‘damage or loss resulting from faults, or errors in navigation or in the management of the vessel’ or ‘from dangers of the sea’; and it is at least doubtful whether any loss arising solely from a latent defect in the ship, and not through any fault or error of navigation or management, is covered by the act. The requirement of ‘due diligence,’ however, is not satisfied by the mere appointment of competent persons to repair. Due diligence in repair and equipment must he exercised in fact. The Mary L. Peters (D. C.) 68 Fed. 919 ; The Flamborough, 69 Fed. (D. C.) 470. See The Rossmore (1895) 2 Q. B. 408. There is no question here of latent defects in the structure of the ship, but only of due diligence in inspection, maintenance, and repair; and the Harter act does not establish any new rule of diligence as to either of those subjects. The obligations of due diligence to make the ship seavorthy are in all respects the same as before the act.””
1 later decision quote this exact passage · from the majoritye.g. The Ninfa
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.