The Eagle’s Empirical Analysis

Citation profile

22 federal appellate · 22 district · 8 state decisions

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

1. ““It is insisted, however, that, if the court will take jurisdiction for a collision occurring on foreign waters and within foreign territory, the local law of the place of collision will govern, and hence the law of Canada in the present case and Smith et al. v. Condry, in this court, is cited as an authority for the doctrine [ 1 How. 28 , 11 L. Ed. 35 ]. The collision in that case occurred in the port of Liverpool, while the vessel of the defendant was coming out. The defendant set up in defense that by the statute law of England he was compulsorily obliged to take on board of his ship a Liverpool pilot, which he did, that she was exclusively in his charge when the accident occurred, and that this law, as construed by the courts of England, excused the owner and master of the vessel; and this was agreed to by the court, and applied to the case, the Chief Justice giving the opinion. All vessels entering into, or departing from, a domestic or foreign port, ,are bound. to obey the laws and well-known usages of the port, and are subject to seizure and penalties for disobedience; and, when submitting to them, they are entitled to all the protection which they afford. * * * Those are exceptional cases, and furnished no rule to the court below for the trial of the collision in question. It was tried there, as it should have been tried, according to the practice and principles of the courts of admiralty in this country, wholly irrespective of any local law.””

   2 later decisions quote this exact passage · from the majority
   e.g. Thompson Towing & Wrecking Ass'n v. McGregor · Galef v. United States

2. ““We must, therefore, regard it as obsolete and of no effect, with the exception of the clause which gives to either party the right of trial by jury when requested, which is rather a mode of exercising jurisdiction than any substantia] part of it.””

   1 later decision quote this exact passage · from the majority
   e.g. The Western States

3. “all civil causes of admiralty jurisdiction upon the- lakes and waters connecting them, the same $s upon the high seas, bays, and rivers navigable from the sea.”

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