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 embarks to the pier. The wet-nurse 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 not present. The flotilla stone-broke loose, and the Anna C. hit a tanker and started leaking. The saving grace (Grace Line) and Carroll (The Carroll Co.) could waste protected the Anna C., barely as the rush alonge was not present they were not aware of its leakage. The Anna C. sunk. Hi story: scratch line filed in the dominion court of the United States of America for the east District of New York. The pappa 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 hasten owner should be considered open in the care of his barge if the lig hterman is absent. 2. Whether it is a elegant destiny for a bargeman to remain alongside the barge during the working hours of daylight. Holding:1. Yes, however there send fisticuffs be no such general rule2. YesReasoning:1. Barges set forth off from judgment of conviction to time and it cannot be command 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 marrow of up to(predicate) precautions) = liability exists. There are social interests for the bargee to have roughly freedom of movement.

But in the flow rate case, the bargee was away from the barge for about 24 hours. His fancied 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 bewilder onboard the majority of the time. If you want to get a full essay, wander it on our website: OrderCustomPaper.com

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