The Maggie Hammond’s Empirical Analysis
76 U.S. 435 · 1869
Citation profile
48 federal appellate · 51 district · 4 state decisions
How this case has been cited
Cited by 171 later decisions (28 by the Supreme Court) — most recently April 2016 · most notably Langnes v. Green (1931), American Dredging Co. v. Miller (1994)
48 federal appellate · 51 district · 4 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 William Mason v. Blaireau
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 171 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Undoubtedly the owner of the cargo has a lien, by the maritime law, upon the ship for the safe custody, duo transport, and right delivery of the same, as much as the shipowner has upon the cargo for the freight, as expressed in the maxim, ‘Le batel est oblige it la marchandise et la marchandise an batel.’ Subject to tbe exception that the lion of the shipowner may be displaced by an unconditional delivery of the goods before the consignee is required to pay the freight, or by an inconsistent and irreconcilable provision in the chartin’ party or bill of lading, the rule is universal, as understood in the decisions of the federal courts, that 1he ship is bound to the merchandise, and. the merchandise to the ship, for the performance on the part of the shipper and shipowner of their respective contracts. Shipowners contract for the safe custody, due transport, and right delivery of the cargo, and for the performance of their contract the ship, her apparel and furniture, a,re pledged in each particular case, and the shipper, consignee, or owner of the cargo contracts to pay the freight and charges, and to the fulfillment of their contract the cargo is pledged to the ship, and those obligations are reciprocal, and the maritime law creates reciprocal liens for their enforcement.””
5 later decisions quote this exact passage · from the majoritye.g. Wellman v. Morse · The Ripon City“if justice would be as well done by remitting the parties to their home forum,”
3 later decisions quote this exact passage · from the majority““Duties remain to be performed by the master or the owner, after the vessel is disabled. His obligation of safe custody, duo transport, and right delivery still continues, and is by no means discharged or lessened while it appears that the goods have not perished in the disaster. Nothing will excuse the carrier under such circumstances but the causes stipulated in the bill of lading, and ho is still hound by virtue of his original contract, to use his utmost exertions to transport or send forward the goods to the port of delivery. Such carriers may be answerable for the goods in case of loss or injury, even though no actual blame can ho imputed to them; and after’the loss or injury is established the burden lies upon the respondent to show that it was occasioned by one of the perils excepted in the contract of shipment or' bill of lading.””
1 later decision 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.