The Tj Hooper

60 F.2d 737 · Court of Appeals for the Second Circuit · 1932

Facts

Two barges carrying coal, towed by two tugs, were lost in an easterly gale off the Jersey Coast. The lower court found both barges and tugs unseaworthy, the tugs for not carrying radio receiving sets to get weather warnings. The tug and barge owners appealed.

Issue

Can tugs be held liable for unseaworthiness due to the absence of working radio receiving sets capable of receiving weather warnings, even if there is no general custom in the industry to carry such equipment?

Holding

Yes, the court affirmed the lower court's decision, finding both the barges and tugs unseaworthy. The tugs were liable because their failure to carry working radio receiving sets, which would have provided crucial weather warnings, constituted unseaworthiness and was a direct cause of the loss.

Rule

Compliance with industry custom is not always the definitive measure of reasonable prudence; an entire industry may lag in adopting new, available, and necessary safety devices. Courts ultimately determine what precautions are required, and the absence of readily available, inexpensive equipment that provides significant protection can render a vessel unseaworthy, regardless of custom.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.