United States v. Carroll Towing Co.

What Happened: The case was the result of the sinking of the barge Anna C that took place on January 4, 1944 in New York Harbor. The Pennsylvania Railroad Company chartered the Anna C from Conners Marine Company, which was loaded with flour owned by the United States. Before the accident, the Anna C was moored at Pier 52 on the North River along with several other barges. 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. 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. After the removal of the line, the barges at Pier 52 broke free. This resulted in the sinking of Anna C. The United States, lessee of the Anna C, sued Carroll Towing Co., owner of the Carroll in an indemnity action.

Question Before the Court: Was Defendant negligent in failing to have a Bargee aboard the ship to prevent against such injury?

Court Ruling: If the burden of the preventative the injury is less than the Cost of Injury multiplied by the likelihood of the injury occurring and the injury occurs then the standard of care required would be breached.

Dan Garner

Author Dan Garner

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