Friday, October 10, 2014

US v. Carroll Towing case brief summary

US v. Carroll Towing case brief summary

F: The Anna C was owned by the Conner Co. The charter required Conner to provide a bargee (operator/attendant) between 8-4. An employee of a tug working for Carroll Towing shifted the mooring lines which caused the Anna C to break free from the pier. She then drifted and the propeller of a tanker broke a hole in her bottom and she sank.

R: When the Burden of adequate precautions is less than the gravity of the injury multiplied by the probability of the resulting injury, negligence will be found if he or she fails to take adequate precautions. 

A: The likelihood that a barge will break free varies with time and place.
The bargee must go ashore at times, there is no requirement that he remain onboard at all times.
The bargee left at 5 p.m. the afternoon before the incident.
The next day at around 2 p.m. the bargee was still missing with no excuse for his absence entered as evidence.
The place of the occurrence, during the time of year (jan) and with the full tide of war left barges constantly entering and exiting.
It was not beyond reasonable expectation that, with the inevitable haste, work might not be done with adequate care. The bargee under these conditions should have been onboard.

Co: Locus in quo - The place in which.

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