Railroad Company v. Reeves’s Empirical Analysis

Citation profile

59 federal appellate · 33 district · 80 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 233 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A common carrier assumes ail risks, except those caused by the act of God and the public enemy. One of the instances always mentioned by the elementary writers of loss by the act of God is the case of loss by flood and storm. Now, when it is shown that the damage resulted from this cause immediately, he is excused. “What is to make him liable after this? No question of his negligence arises unless it is made by the other party. It is not necessary for him to prove that the cause was such as releases him, and then to prove affirmatively that he did not contribute to it. If, after he has excused himself by showing the presence of the overpowering cause, it is charged that his negligence contributed to the loss, the proof of this must come from those who assert or rely on it.””

   4 later decisions quote this exact passage · from the majority
   e.g. Kohlsaat v. Parkersburg & Marietta Sand Co. · A. L. Wolfe & Co. v. Missouri, K. & T. Ry. Co.

2. ““As to the charge given by the court, the language of the exception is more general than we could desire. And if the errors of this charge were less apparent, or if there was any reason to suppose they were inadvertent, and might have been corrected if specified by counsel at the time, we would have some difficulty in holding the exception to it sufficient. But the whole charge proceeds upon a theory of the law of common carriers, as it regards the effect of loss from the act of God, on the contract, so different from our views of the law on that subject that it needs no special effort to draw attention to it, and it is so clearly and frankly stated as to have made it the turhing point of the case.” Edgington v. United States, 164 U. S. 361 , 364-365, 17 Sup. Ct. 72 , 41 L. Ed. 467 ; Felton v. Newport, 34 a C. A. 470; 473, 92 Fed. 470 .”

   1 later decision quote this exact passage · from the majority
   e.g. Pritchett v. Sullivan

3. ““When the carrier discovered himself in peril by inevitable accident, the law requires of him ordinary care, skill, and foresight, which- it defines to be the common prudence which men of business and heads of families usually exhibit in matters that are interesting to them.””

   1 later decision quote this exact passage · from the majority
   e.g. The Cape Charles