United States v. Carroll Towing Co.
159 F.2d 169 · Court of Appeals for the Second Circuit · 1947
Facts
The barge "Anna C" broke adrift from its moorings in the North River after a tug, chartered by Grace Line, repositioned other barges. The "Anna C" then collided with a tanker, sustaining a hole, but its bargee had been absent for 21 hours, preventing discovery of the damage and mitigation of the sinking.
Issue
Does the absence of a bargee constitute negligence on the part of the barge owner, thereby reducing their recovery for damages that could have been mitigated had the bargee been present?
Holding
The court held the tug owner and charterer liable for the initial collision damages. However, the barge owner was found partially liable for the subsequent sinking damages due to the bargee's inexcusable absence during working hours, reducing its recovery for those damages.
Rule
Negligence is determined by balancing the burden of adequate precautions (B) against the probability of harm (P) multiplied by the gravity of the resulting injury (L), such that liability exists if B < P * L. A barge owner is negligent for a bargee's absence during working hours in a busy harbor if the probability and gravity of harm outweigh the burden of having a bargee present.
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