US v Carroll Towing Co.159 F.2d 169US Ct of AppealsParties:US:Plaintiff Carrol Towing:DefendantFacts:
US loaded flour that was headed to the PA Railroad Co.
Connors owned the charter Anna C
Carrol was the towing company
Carroll’s servants negligently shifted the mooring lines, and she brokefrom the pier
Then drifted up against a tanker and it broke a hole in Anna C
She sunk, with the flour
US brought suit for compensation of flour P.H.Divided damages between Connors and CarrolIssue:
What responsibility did owner have when drifted away?Rules:
Owner’s Duty: Provide against resulting injuries…
(1) Probability that she will break away
(2) Gravity of resulting injury
(3) Burden of adequate precautionsHolding:
Likelihood it will break away and damage will do varies on situation
Bargee? Left during working hours
Appeal from the District Court of the United States for the Eastern District of New York.Libel by Conners Marine Company, Inc., against Pennsylvania Railroad Company, charterer of thecovered barge Anna C, for damages to such barge, wherein the Grace Line, Inc., was impleaded,and proceedings in the matter of the petition of the Carroll Towing Company, Inc., as owner of thesteamship Joseph F. Carroll, for exoneration from, or limitation of, liability. From two decrees,Conners Marine Co. v. Pennsylvania R. Co., 66 F.Supp. 396,which in conjunction disposed of theliabilities arising out of the sinking of the barge of the Conners Marine Company, Inc., in the harborof New York on January 4,1944, the Grace Line, Inc., appeals and the Carroll Company and thePennsylvania Railroad Company filed assignments of error.Reversed and remanded.