Carroll TOwing Co Inc - Detailed case brief Torts: Negligence PDF

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Summary

Detailed case brief
Torts: Negligence...

Description

United States v Carroll Towing Co Inc Area of law concerned:

Negligence- The reasonable person

Court: Date:

1947

Judge: Counsel:

Learned Hand J

Summary of Facts:

An unattended barge sank after a collision as a result of the defendan’ts failure to retie it after moving it. The defendants were found guilty, but the court considered whether the bargee who left the barge unattended was guilty of contributory negligence.

Relief sought: Issues:

Material Facts:



Procedural History: Appellant’s arguments: Result: Judge’s reasoning:

There is no general rule to determine when the absence of a bargee or attendant will make the owner of the barge liable for injuries to other vessels if she breaks away. The owner’s duty to provide against resulting injuries is a function of 3 variables: 1- Probability that she will break away (P) 2- Gravity of resulting injury (L) 3- Burden of adequate precautions (B) Liability depends upon whether B is less than L multiplied by P. If B...