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The T.J. Hooper

United States Court of Appeals for the Second Circuit
60 F.2d 737 (2d Cir. 1932)


The operator of two tugboats, The T.J. Hooper and the Montrose, (defendant) was contracted to tow two barges and their cargo of coal from Virginia to New York. The operator was sued when these two barges and their cargo were lost in a severe storm off the coast of New Jersey. Neither tugboat was equipped with a reliable radio that would have provided them storm warnings in both the morning and evening. Four other tugboats sailing in a similar area had radios, received storm warnings, and safely anchored in the Delaware harbor. The trial court held that the operator was liable for negligence for failing to equip the two tugboats with radios. The operator appealed.

Rule of Law


Holding and Reasoning (L. Hand, J.)

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