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Torts Keyed to Underwood
The T.J. Hooper
Citation:
60 F.2d 737 (2d Cir. 1932)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The defendants were tugboat owners. One day the defendants’ tugboats were pulling two barges that contained cargoes of coal. However, the barges and all of the cargo were lost when the tugboats encountered a storm. Prior to the incident, the weather had been fair. However, the personal radio receivers that the defendants’ employees often carried were not working properly. Furthermore, the defendants did not themselves furnish their tugboats with radio receivers. Instead, the defendants relied completely on their employees to bring such equipment. Employees of the defendants admitted that f they had received an updated weather report that revealed that there was to be a sharp increase in winds, they would not have ventured out into the sea on the day they lost the cargo.
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