Star of Hope’s Empirical Analysis

Citation profile

15 federal appellate · 25 district · 2 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Authorities may be found which attempt to qualify this rule, and assert that, when the situation of the ship was such that the whole adventure would certainly and unavoidably have been lost if the sacrifice in question had not been made, tho {¡arty making it cannot claim to bo compensated by the other interests, because it is said that a tiling cannot be regarded as having been sacrificed which had already coa,sod to have any value; but tho correctness of the position cannot bo admitted, unless it appears Unit the tiling itself for which contribution is claimed, was so situated that it could not possibly have been saved, and that its sacrifice did not contribute to the safety of the crew, ship, or caryo. Sacrifices, when there is no peril, present no claim for contribution: but tiie greater and more imminent the peril, tlie more meritorious the claim for such contribution, if tiie sacrifice was voluntary, and contributed to save tiie. associated interests from the impending danger to which tho same were exposed. Such claims have their foundation in equity, and rest upon the doctrine, that whatever is sacrificed for tlie common benefit of the associated interests shall lie iriade good hv all the interests which wore exposed to the common peril, and which were saved from the common danger by tlie sacrifice * * * It is not necessary that there should have been any intention to destroy the tiling or things cast away, as no such intention is ever supposed to exist. On the contrar”

   1 later decision quote this exact passage · from the majority
   e.g. Sonsmith v. The J. P. Donaldson

2. ““General average contribution is defined to be a contribution by all the parties in a sea adventure to make good the loss sustained by one of their number on account of sacrifices voluntarily made of part of the ship or cargo to save the residue * * * or for extraordinary expenses necessarily incurred by one or more of the parties for the general benefit of all the interests embarked in the enterprise * * * “Common justice dictates that where two or more parties are en gaged in the same sea risk, and one of them, in a moment of imminent peril, makes a sacrifice to avoid the impending danger or incurs extraordinary expenses to promote the general safety, the loss or expenses so incurred shall be assessed upon all in proportion to the share of each in the adventure.””

   1 later decision quote this exact passage · from the majority
   e.g. 207 F. Supp. 450 - S. C. Loveland Co. v. United States

3. ““Standing upon the deck of the vessel, with a full knowledge of her strength and condition, and of the state of the elements which threaten a common destruction, he can best decide in the emergency what the necessities of the moment require to save the lives of those on board and the property intrusted to his care; and if he is a competent master, if an emergency actually existed calling for a decision whether such sacrifice was required, and if he appears to have arrived at his conclusion with due deliberation, by a fair exercise of his own skill and judgment, with no unreasonable timidity, and with an honest intent to do his duty, it must be presumed, in the absence of proof to the contrary, that his decision was wisely and properly made.””

   1 later decision quote this exact passage · from the majority
   e.g. The Mary F. Barrett