The Ariadne’s Empirical Analysis

Citation profile

134 federal appellate · 34 district · 1 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 272 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The duty of the lookout is of the highest importance. Upon nothing else does the safety of those concerned so much depend. A moment’s negligence on- his part may involve the loss of his vessel, with all the property and the ' lives of all on hoard. The same consequence may ensue to the vessel with which his shall collide. In the performance of this duty the law requires Indefatigable care and sleepless vigilance. * * * It is the duty of all •courts charged with the administration of this branch - of our jurisprudence to give it the fullest effect whenever the circumstances are such as to call for its application. Every doubt as to the performance of the duty, and the •effect of nonperformance, should be resolved agaihst the vessel sought to be inculpated until she vindicates herself by testimony conclusive to the contrary.””

   7 later decisions quote this exact passage · from the majority
   e.g. British Columbia Mills Tug & Barge Co. v. Mylroie · Flint & P. M. R. Co. v. Marine Ins.

2. ““We are not unmindful that both the Circuit and District Court came to a conclusion different from ours as to the alleged fault of the steamer. Their judgments' aré entitled to, and have received, our most respectful consideration. Their concurrence raises a presumption, prima facie, that they are correct. Mere doubts should not be permitted to disturb them. But the presumption referred to may be rebutted. The right of appeal to this court is a substantial right, and not a shadow. It involves examination, thought, and judgment. Where our convictions are clear, and differ from those of the learned judges below, we may not abdicate the performance of the duty which the law imposes upon us by declining to give our own judicial effect.””

   5 later decisions quote this exact passage · from the majority
   e.g. The Columbian · Merritt & Chapman Derrick & Wrecking Co. v. Read

3. ““Every doubt as to the performance of the duty, and the effect of nonperformance, should be resolved against the vessel sought to be inculpated, until she vindicates herself by testimony conclusive to the contrary.””

   2 later decisions quote this exact passage
   e.g. Eastern Dredging Co. v. Winnisimmet Co. · 767 F. Supp. 398 - William H. McGee & Co. v. the M/V "Nedlloyd Van Noort"