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United States v. Carroll Towing Co.
''United States v. Carroll Towing Co.'' 159 F.2d 169 (2d. Cir. 1947) is a decision from the 2nd Circuit Court of Appeals that proposed a test to determine the standard of care for the tort of negligence. The judgment was written by Judge Learned Hand wherein he described what is now called the calculus of negligence or the Hand Test, a classic example of a balancing test.
==Background==
The case was the result of the sinking of the barge ''Anna C'' that took place on January 4, 1944 in New York Harbor.〔The Hand Rule and United States v. Carroll Towing Co. Reconsidered, p. 525〕 The Pennsylvania Railroad Company chartered the ''Anna C'' from Conners Marine Company, which was loaded with flour owned by the United States.〔The Hand Rule and United States v. Carroll Towing Co. Reconsidered, p. 525〕 Before the accident, the ''Anna C'' was moored at Pier 52 on the North River along with several other barges.〔The Hand Rule and United States v. Carroll Towing Co. Reconsidered, p. 525-526〕 The barges at Pier 52 were tied together by mooring lines and one barge at Pier 52 was tied to another set of barges at the adjacent Public Pier.〔The Carroll Towing Company Case and the Teaching of Tort Law, p. 735〕 On the day of the accident the tug ''Carroll'' was sent to remove a barge from the Public Pier. In the process of removing the barge, the line between the barges at Pier 52 and the barges at the Public Pier was removed.〔The Carroll Towing Company Case and the Teaching of Tort Law, p. 735〕 After the removal of the line, the barges at Pier 52 broke free. This resulted in the sinking of ''Anna C''.〔The Carroll Towing Company Case and the Teaching of Tort Law, p. 736〕 The United States, lessee of the ''Anna C'', sued Carroll Towing Co., owner of the ''Carroll'' in an indemnity action.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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