United States v. Carroll Towing Co.

United States v. Carroll Towing Co. - inconsistent what a...

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United States v. Carroll Towing Co. 159 F.2d 169 Fact: Operative Facts: There was a barge, and it sunk. The person in charge of the barge was not there when the barge got into difficulties and sank. Issue: Whether the person in charge of the barge was negligent by not being on the barge, or leaving it alone. Rule: For there to be a claim of negligent, the activity must have been made in a manner
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Unformatted text preview: inconsistent what a reasonable person would have done Rational: Reasonable person standard applies, in this case, other people who were in charge of the barge, seeing whether or not they would have done the same thing. Holding: Negligence is determined by matching a reasonable person in the like position, to see what they would have done. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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