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Torts Keyed to Franklin
United States v. Carroll Towing Co.
Citation:159 F.2d 169 (2d Cir. 1947)
ProfessorMelissa A. Hale
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Individuals aboard the Carroll tugboat were negligent in adjusting the lines that held Connors’ Anna C barge in place, causing it to break loose and ram against a tanker. The tanker subsequently broke a hole in the Anna C barge, causing it to sink.
Connors sued to recover the value of its lost cargo from Carroll. In turn, Carroll sought to reduce the damages because Connors’ bargee was absent from the Anna C. Evidence indicated that, had a bargee been present to sound a warning, other boats in the area would have helped keep the Anna C afloat. Additional evidence revealed that the bargee left at 5pm on January 3 and did not return until about 2pm the following day, or twenty-one hours later, with no legitimate excuse for his absence.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.