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Torts Keyed to Epstein
The T.J. Hooper
Citation:
53 F.2d 107 (S.D.N.Y. 1931)Facts
In March 1928, two tugboats, the T.J. Hooper and Montrose, were towing barges loaded with coal along the Atlantic coast. Neither tugboat was equipped with functioning radio receivers capable of receiving weather reports, although such technology was available and relatively inexpensive at the time. When the tugs encountered a severe storm, they were unable to receive storm warnings that had been broadcast. As a result, several barges were lost along with their cargo. The owners of the cargo sued the tugboat company for negligence, arguing that the failure to equip the vessels with working radios constituted negligence, despite the fact that many tugboats in the industry did not carry such equipment at that time.
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