Mathes v. The Clipper Fleet’s Empirical Analysis

Citation profile

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

1. “It must be conceded that if it clearly appears the fault could have had nothing to do with the disaster, it may be dismissed from consideration.”

   2 later decisions quote this exact passage · from the majority
   e.g. Trinidad Corporation, Plaintiff-Counterclaim v. S.S. Keiyoh Maru, in Rem, Sol Gloriosa Maritima, S.A., a Corporation, Defendant-Counterclaimant v. S.S. Fort Worth, in Rem, Her Engines, Tackle, Appurtenances, Apparel, Furnishings and Equipment, Defendant-Third-Party-Plaintiff-Appellee · Trinidad Corporation v. Ss Keiyoh Maru Sol Gloriosa Maritima Sa

2. “The liability for damages is upon the ship or ships whose fault caused the injury. But when, as in this case, a ship at the time of a collision is in actual violation of a statutory rule intended to prevent collisions, it is no more than a reasonable presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster. In such a case, the burden rests upon the ship of showing not merely that her fault might not have been one of the causes, or that it probably was not, but that it could not have been.”

   1 later decision quote this exact passage · from the majority
   e.g. MacDonald v. Kahikolu, Ltd.

3. “Because [appellant] has failed to demonstrate exceptional reasons why the issue was not raised below, we decline to consider it.”

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