The Elk’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. ““Both the side and towing lights of the Gray were properly set and'burning, and the captain was at the wheel; hut there was no lookout either on the tug or on the barge and the barge displayed no lights. The Elk was low in the water, and neither her load nor herself obstructed the view of the lights upon the tug. There was no moon, but the night was not dark, and the lights of an approaching- vessel could be seen for at least half a mile, and probably much farther. ⅜ ⅞ ⅜ With regard to the liability of the Gray, I see one point only upon which it can be rested, but of this there can be no doubt: she had no lookout either upon the barge or upon her own deck, and under the authorities such omission ordinarily is bl&mable negligence. I have been referred to no statute or rule that required the Elk to carry lights, lashed as she was to the.Gray; but a lookout should have been stationed either upon the tug or upon the barge. Under the facts in proof it is impossible to say whether the collision would or would not have been avoided, if this had been done. The inquiry would be speculative, and therefore profitless; for present purposes it is enough to say that the Gray failed in a plain duty, and that an injury has occurred which might have been prevented if the duty had been performed. The Gray, therefore, must also be held liable for the collision.””

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