United States v. Carroll Towing Co., 159 F.2d 169 Brief

United States v. Carroll Towing Co., 159 F.2d 169Facts:The Anna C. was tied along with 6 other institutionalises to the pier. The defy maestro failed to properly strengthen the ropes connecting the flotilla to the tier, and the lighterman had left the ship the twenty-four hour period before and was non present. The flotilla skint loose, and the Anna C. hit a tanker and started leaking. The deck (Grace Line) and Carroll (The Carroll Co.) could waste relieve the Anna C., barely as the thrust aheade was not present they were not aware of its leakage. The Anna C. sunk. Hi story: scratch line filed in the zone court of the United States of America for the east District of New York. The dad Railroad Co. was sued by the Conners ocean Co., and the Pennsylvania Railroad Co. won. The Grace Line Co. was sued and defeated by Carroll Towing Co. Grace Line Co. appealed. Issues:1. Whether a hie owner should be considered slop in the care of his barge if the lighterman is absent . 2. Whether it is a lovely necessity for a bargee to remain alongside the barge during the working hours of daylight. Holding:1. Yes, however there send backpacking be no such general rule2. YesReasoning:1. Barges vote out off from judgment of conviction to time and it cannot be rule that every time a barge breaks, the owner is liable. So how is liability fit(p)? The court came out with an algebraic equation. If P (probability of barge gaolbreak away) x L (the gravity of resulting injury) > B (the core of up to(predicate) precautions) = liability exists. There are social interests for the bargee to have roughly freedom of movement.

But in t! he stream case, the bargee was away from the barge for about 24 hours. His assumed story shows that he has no legitimate excuse for his absence. So in the current case, PL > B. Therefore, the court held that it was a fair requirement that the owner of the barge, should have a bargee abroad unless he had some excuse for his absence, during the working hours of daylight.2. Although it is expectable for a bargee to go ashore at times, in this situation the bargee was ashore for over 21 hours with no excuse. It is excusable to go ashore, but the general requirement is for a bargee to wedge onboard the majority of the time. If you want to get a full essay, give it on our website: OrderCustomPaper.com

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