Gould v. Davis’s Empirical Analysis

Citation profile

1 federal appellate · 3 district ·

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.

1. ““The suggestion is, and the expression of opinion is, that it would he possible to bring this steamer, loaded as she was, to a standstill in about one length, and her own length is 87 yards (261 feet). With this measurement and estimate, for a vessel to he proceeding in a fog as thick as that was, at a rate of speed which would prevent her being brought to a standstill certainly within the distance within which a vessel could be- seen, or which would prevent her from taking such necessary steps as might become necessary for the protection of the vessel which she was to keep clear of, I hold was too fast. I do not think that any so safe rule can he la id. down to determine and interpret what can be meant by moderate speed in the fog, as that rule which says such rate of speed as gives the party the necessary con trol for discharging his obligation to other vessels if he came upon them; and that, manifestly, in this case, he could not do.””

   1 later decision quote this exact passage · from the majority
   e.g. Palmer v. Merchants' & Miners' Transp. Co.

2. ““The familiar principle of law is that the sailing vessel is to keep her course, and that the steamer is to keep clear. As has been stated by the respondent here, the duty of the steamer is imposed upon her upon the condition that the sailing vessel complies with what is required of her. In other words, the sailing vessel must not, by any action on her part, interfere with, embarrass, and defeat the steamer in the employment of proper means to perform her duty.””

   1 later decision quote this exact passage · from the majority
   e.g. Pennell v. United States