McGrath v. Nolan’s Empirical Analysis
83 F.2d 746 · 1936
Citation profile
2 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 6 later decisions — most recently August 2018
2 federal appellate · 2 district · 1 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 The Osceola · Baltimore Co v. Phillips · Cortes v. Baltimore Insular Line, Inc. · The Oregon · Chelentis v. Luckenbach Steamship Co.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * For the alleged negligent navigation on the part of Nolan after he took over the ship, the pilots’ association could be held answerable only upon the principle of respondeat superior as applied to partnerships. Partners are liable for torts inflieted upon third persons by other members of the partnership provided such torts occur in the course of partnership business. McIntyre v. Kavanaugh, 242 U.S. 138, 139 , 37 S.Ct. 38 , 61 L.Ed. 205 ; James-Dickinson [Farm Mortgage] Co. v. Harry, 273 U.S. 119, 123 , 47 S.Ct. 308 , 71 L.Ed. 569 . But the libel in this case does not set forth that Nolan was acting within the scope of partnership business at the time in question. It alleges that the pilots were members of a partnership which was ‘doing business,’ and that the pilots maintained the association ‘for their mutual financial gain and benefit and did equally share the profits and losses of the partnership.’ Plainly, these allegations do not set forth the nature of the business done by the partnership and contain no inference that the business done by the partnership as partnership was the piloting of vessels. The inference, if there is any, is rather that an individual member, while piloting a vessel, was under contractual relation with the vessel for his own account alone; and that the business done by the pilots in partnership consisted of matters of common interest or gain any number of which may engage the time and attention of professional or trade associations apart ”
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.