Sherlock v. Alling’s Empirical Analysis

Citation profile

45 federal appellate · 52 district · 139 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 485 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But with reference to a great variety of matters touching the rights and liabilities of persons engaged in commerce, either as owners or navigators of vessels, the laws of Congress are silent, and the laws of the state govern, * * * Until Congress, therefore, makes some regulation touching the liability of parties for marine torts resulting in the death of the persons injured, we are of the opinion that the statute of Indiana applies, giving a right of action in such cases to the personal representatives of the deceased, and that, as thus applied, it constitutes no encroachment upon the commercial power of Congress.””

   21 later decisions quote this exact passage · from the majority
   e.g. Employers' Liability Cases · Kidd v. Pearson

2. ““In supposed support of this position, numerous decisions of this court are cited by counsel, to the effect that the states cannot, by legislation, place burdens upon commerce with foreign nations, or among the several states. The decisions go to that extent, and their soundness is not questioned. But, upon an examination of the cases in which they were rendered, it will be found that the legislation adjudged invalid imposed a tax upon some instrument or subject of commerce, or exacted a license fee from parties engaged in commercial pursuits, or created an impediment to the free navigation of some public waters, or prescribed conditions in accordance with which commerce in particular articles, as between particular-places, was required to ba conducted. In all the cases the legislation condemned operated directly upon commerce, either by way of tax upon its business, license upon its pursuit in pax-ticular channels, or conditions for carrying it on. Thus, in the Passenger Cases, 7 How. 445 , the laws of New York and Massachusetts exacted a tax from the captains of vessels bringing passengers from foreign ports, for every passenger landed. In the Wheeling Bridge Case, 13 How. 518 , the statute of Virginia authorized the erection of a bridge which was held to obstruct the free navigation of the river Ohio. In the case of Sinnot v. Davenport, 22 How. 227 , the statute of Alabama required the owner of a steamer navigating the waters of the state to file, before the boat left the ”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Addyston Pipe & Steel Co.

3. ““That the statute of Indiana creates a new liability, and could not, therefore. be applied to cases where the injuries complained of were caused by marine torts, without interfering with the exclusive regulation of commerce vested in Congress. The position of the defendants, as we understand it, is that as by both the common and maritime law the right of action for personal torts dies with the person injured, the statute which allows actions for such torts, when resulting in the death of the person injured, to be brought by the personal representatives of the deceased, enlarges the liability of parties for such torts, and 1hat such enlarged liability, if applied to cases of marine torts, would constitute a new burden upon commerce.””

   1 later decision quote this exact passage · from the majority
   e.g. Kelley v. Great Northern Ry. Co.