Cramer v. Clancy’s Empirical Analysis

Citation profile

8 federal appellate · 8 district ·

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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * That is true enough, but she is in fault if she does not navigate In accordance with the regulations governing the movements oí vessels thus placed. Rule .19 of section 42:13 of the United States Revised Statutes (U. S. Comp. Sr. p. 2898) provides: ‘IT two vessels under steam are crossing so as to involve risk of collision, the .vessel which has the other on her own starboard side shall keep out of the way of the oilier.’ That rule has since its first enactment been in full force in harbors, rivers, and inland waters. The acts of March 3, 1S85 ( 24 Stat. 441 , c. 354), and August 19, 1890 ( 26 Stat. 320 , c. 802 [U. S. Comp. St. 1901, p. 2863]), did not affect its application in such locality: and the act of February 19, 1895 (2,Si Stilt 072, c. 102 [U. S. Comp. St. 199]. p. 28391), expressly re-enacted it. Rule 23 of the same section (.section 1233 fp. 2899]), equally applicable, provides that ‘where, by rule * , one of two vessels shall keep out of the way, the other shall keep her. course. subject to the qualifications of rule 24,' which provides for special circumstances. It might be supposed that, after all the years which have elapsed since tlieir passage, the application of these two rules would be tiie very A B C of practical navigation. The burdened vessel is to ‘keep out of the way.’ How it shall (In so is not prescribed. It may, of course, turn to starboard sufficiently to allow the privileged vessel to pass, and then proceed under the stern of that vessel. Thi”

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

2. ““If the offending master has miscalculated, and held on too long, and collision results, he is usually vociferous in support of the proposition, which is, no doubt, correct, that if the privileged vessel had only stopped or changed her course, and left him free to go where he chose, no catastrophe would have ensued. This class, if it exists, and we do not doubt it does, is a standing peril to navigation. Excuse should be difficult for any master who, with full knowledge that he is the one who, under the rules, should change his course or speed or both, begins his navigation in the presence of approaching risk of collision by insisting that the other vessel shall make such changes.””

   1 later decision quote this exact passage · from the majority
   e.g. The George L. Garlick

3. ““The period of uncertainty as to what the burdened vessel meant to do * * * had passed. It was plainly manifest to the pilot of the Little Silver [the privileged vessel] that the Shultz [the offending vessel] had gone so far on her improper course that it was absolutely impossible for her, either by changing course, or stopping, or reversing, to keep her tow out of the way of the Little Silver. By reversing, however, the latter could avoid collision with the tow. She did not reverse, and the only excuse offered is that she did not know there was a tow; but, if she had had a proper lookout, she would have discovered this fact.””

   1 later decision quote this exact passage · from the majority
   e.g. The George L. Garlick