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United States V Carroll Learned Hand Rule
United States V Carroll Learned Hand Rule
United States V Carroll Learned Hand Rule
Source: http://en.wikipedia.org/wiki/United_States_v._Carroll_Towing_Co.
United States v. Carroll Towing Co. 159 F.2d 169 (2d. Cir. 1947) is a decision from
the 2nd Circuit Court of Appeals that proposed a test to determine the standard of
care for the tort of negligence. The judgment was written by Learned Hand wherein he
described what is now called the calculus of negligence or the Hand Test, a classic
example of a balancing test.
Background
The case was the result of the sinking of the barge Anna C that took place on January
4, 1944 in New York Harbor.[1] The Pennsylvania Railroad Company chartered the Anna
C from Conners Marine Company, which was loaded with flour owned by the United
States.[2] Before the accident, the Anna C was moored at Pier 52 on the North
River along with several other barges.[3] The barges at Pier 52 were tied together by
mooring lines and one barge at Pier 52 was tied to another set of barges at the adjacent
Public Pier.[4] On the day of the accident the tug Carroll was sent to remove a barge
from the Public Pier. In the process of removing the barge, the line between the barges
at Pier 52 and the barges at the Public Pier was removed. [5] After the removal of the
line, the barges at Pier 52 broke free. This resulted in the sinking of Anna C.[6] The
United States, lessee of the Anna C, sued Carroll Towing Co., owner of the Carroll in an
indemnity action.
Ruling
The author of the opinion, Judge Learned Hand, stated that there was no general rule
with which to deal with liability when a barge with no one on board breaks free and
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