The Sylvan Glen’s Empirical Analysis

Citation profile

6 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This statute does not provide for the survival of any right of action belonging to the deceased. It creates a liability where none before existed. It makes a new cause of action, namely, the death, and it declares who shall be liable to such action, and by whom, as well as for whose benefit, the action may be maintained. It is not doubted that the right created by this statute of the state may be enforced in a proper case by the courts of the United States; nor that it may be enforced in the admiralty when a marine tort is the foundation, of the right. These propositions have not been controverted here; but they by no means afford ground on which to maintain this action; for this is an action in rem, and, if maintainable at all, must rest upon the proposition that the libelant, by virtue of this statute of the state, has a maritime lien upon the vessel for the damages resulting to the husband and next of kin of'Margaret Welsh from the death of that person. No ground is suggested upon which such a proposition can be maintained. The words are, ‘ the person who, or the corporation which, * * * shall be liable.’ Those words create no lien, much less a maritime lien; and, if they did, how can it be held that a state has power to create a maritime lien for the benefit of this husband and next of kin ? It is true that it is held by the supreme court of the United States that a lien created by a state statute for supplies and repairs to a domestic vessel, may be enforced by admiralt”

   1 later decision quote this exact passage
   e.g. The Manhasset