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Torts Keyed to Farnesworth
United States v. Carroll Towing Co.
Citation:
159 F.2d 169 (2d Cir. 1947)ProfessorMelissa A. Hale
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- 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:
A barge owned by the Conners Maritime Company, the Anna C, was tied to a pier. The Anna C was holding cargo (flour) that belonged to the United States (Plaintiff). Conners Maritime Company had a bargee watching over the Anna C, but he had been absent for the past 21 hours.
A tugboat owned by Carroll Towing Co. (Defendant) was hired by Grace Line to move another barge in the harbor. In order to get to the barge, the Grace Line employees had to retie the Anna C. Due to their negligence, the Anna C became untied from the pier around 2:00PM and crashed into a tanker, puncturing the Anna C. The Anna C and Plaintiff’s cargo sank. Multiple actions ensued amongst the parties, with the Court finding Grace Line was negligent and partly responsible for damages.
- 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.