The T.J. Hooper Case Brief

Summary of The T.J. Hooper, 60 F.2d 737 (2d Cir.), cert. Denied, 287 U.S. 662 (1932)

Facts: P’s barges were lost at sea in a storm. P sued D claiming that D negligently did not equip its tugs with weather transmission radio and that resulted in the tug running into bad weather.

Issue: Whether the fact that other tugs had custom of not having radios gets the defendants off the hook?

Holding: No

Rationale: First the ct. reasoned that these radios were very necessary for tugs because tugs, unlike other vessels, do not have maneuverability of deal with bad weather. Even though it had not yet become a common custom to have such radios in tugs, but

that they were right, and the others too slack." So the fact that not many tug owners had installed such radios does not relieve D from negligence. Do a B<PL analysis




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