1L Law Source

Heading: United States v. Carroll Towing Co., 159 F.2d 169, US Ct of Appeals, 2^nd Circuit (1947) p35.

Facts: - 2 workmen aboard a tugboat Carroll had to readjust the lines holding fast another tugboat named Anna C.

- the harbor was crowded because of WWII

Because they were negligent in securing the Anna C it broke loose and rammed against a tanker.
The bargee left at 5:00pm and the barge broke away at 2:00pm the following day. The bargee was absent from 5:00pm the previous day.
The impact with the tanker caused a whole in the Anna C which resulted in the loss of the cargo and the vessel itself (it sank).

Procedure: Court affirmed reduction of damages.

Issue: Because the bargee (person in charge of the barge) was absent from the Anna C should the damages be reduced pursuant to admiralty law? Was the bargee contributorily negligent?

Rule: A bargee must be present during working hours.

Holding: The bargee cannot always be expected to be on the barge, but because he was away from the barge for over 22 hours with out excuse, the owners of the Anna C are responsible for the launch. Had the bargee been aboard he would have been able to prevent the accident.

Rationale: It is the duty of the owners of each barge to have a person on board who is responsible for the welfare of the ship during working hours. There was no barge present on the day the barge broke away and thus the owners of the barge must take the loss.

Policy/Notes: Judge Hand attempted to concoct a formula for use in negligence cases. In what is referred to as the Carroll Towing Formula he said: probability of an accident (P) multiplied times the gravity of resulting injury (L) will be less than the burden of adequate precautions (B) when there is no liability. B < PL.