The Tj Hooper
60 F.2d 737 · Court of Appeals for the Second Circuit · 1932
Facts
Two barges, No. 17 and No. 30, being towed by tugs Montrose and Hooper, were lost off the Jersey Coast in a gale. The tugs lacked radio receiving sets, preventing them from receiving weather warnings that would have prompted them to seek shelter. The barges were also found unseaworthy due to leaks and pump failures.
Issue
Were the tugs negligent for failing to carry radio receiving sets to obtain weather warnings, even if such equipment was not a universal industry custom at the time? Does adherence to industry custom always define the standard of reasonable care?
Holding
The court affirmed the lower court's decision, holding the tugs liable. The failure to equip the tugs with radio receiving sets constituted unseaworthiness, as it was a necessary precaution that would have prevented the loss.
Rule
Industry custom does not conclusively establish the standard of reasonable care; a whole calling may lag in adopting new and available safety devices. Courts can impose a higher standard when precautions are imperative, even if universally disregarded by the industry.
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