Fowler v. Rathbones’s Empirical Analysis

Citation profile

7 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 20 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. ““Where two or more parties are engaged 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 safety of all the associated interests, common justice requires that the sacrifice so made, or the extraordinary expenses so incurred, shall be assessed upon all tho interests which were so exposed to the impending peril, and which were saved by those means from the threatened danger, in proportion to the share of each in the joint adventure. ””

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

3. ““2d. That if they found that no water entered the ship which reached and damaged the cargo, except what came through the holes cut in the bows by the ice—then that the defendants were not entitled to be allowed anything for the damages to their cargo by water, by way of general average, or by way of reduction of the plaintiffs’ claim, because such damages were not caused by or the result of the act of stranding the ship, but were caused by a peril of the sea which had overtaken the cargo before it was determined to strand the ship.””

   1 later decision quote this exact passage
   e.g. Norwich & N. Y. Transp. Co. v. Insurance Co. of North America