TJ Hooper

District Court, S. D. New York · 1931 · Torts

TortsNegligenceCustomSeaworthinessnegligencecustomindustry practiceseaworthiness

Facts

Two tugs, the T. J. Hooper and the Montrose, towed heavily laden coal barges north from Hampton Roads in March 1928, and two barges, Northern 17 and Northern 30, later foundered in a storm off New Jersey. The court found both barges unseaworthy when they departed: Northern 17 was overloaded and had structural defects, and Northern 30 leaked excessively from the outset. No storm warnings had been posted before the tows passed Delaware breakwater, but weather reports forecasting worsening conditions were broadcast by radio on March 8 and were received by other tugs that then sought refuge in the breakwater. The Hooper and Montrose had no effective radio receivers capable of obtaining those reports, and their masters testified they would have gone into the breakwater had they received them.

Issue

Were the tugs negligent and unseaworthy for failing to carry effective radio receiving sets capable of receiving weather broadcasts, even though no statute required such equipment? If so, were the tug owner and barge owner both liable for the cargo and barge losses?

Rule

A tug is not an insurer, but it must use reasonable care and skill in the towage undertaken. The standard of seaworthiness and due care is not fixed solely by statute or by the absence of universal custom; it changes with advancing knowledge, experience, and improved navigational appliances, and may require adoption of a device of demonstrated worth that has become recognized regular equipment through common usage.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A towboat based in Norfolk pulls two cargo barges from Virginia Beach toward Newark. Although no statute requires a digital weather receiver, about 90% of coastwise towboats in that trade carry one because it reliably receives twice-daily marine forecasts; this towboat does not, misses a broadcast predicting an easterly gale, and continues on while similarly equipped boats seek shelter in Cape May. The master testifies he would have put in had he received the alert.

Is the towboat most likely negligent for failing to carry the receiver?

Explanation. The majority held that the standard of due care and seaworthiness is not fixed solely by statute and may require effective equipment when advancing practice shows its value. A device of demonstrated worth that has become recognized regular equipment by common usage can be required even if not universally used and even if no statute compels it. Because the omitted receiver would have delivered the forecast and changed the master's conduct, the omission supports negligence. (Derived from TJ Hooper (n.d.).)