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Zittrain Torts Playlist Spring 2018

United States et al. v. Carroll Towing Co., Inc., et al.

"The Learned Hand Formula Case"

Headnote

Should we attempt to reduce the standard of reasonable care into forms that seem more empirical--like an algebraic formula?

Defendant’s negligent towing caused all the ships it was towing to break free. A ship carrying the plaintiff’s cargo of flour sank in the aftermath of defendant’s negligence. However, defendant claims that the charterer of plaintiff’s boat was negligent for failing to have an additional bargee on board, as the sole bargee--a person employed on or in charge of a barge--hired was gone ashore at the time of the accident.