The T.J. Hooper

American legal decision
THE T. J. HOOPER; THE NORTHERN NO. 30 AND NO. 17; THE MONTROSE; In re EASTERN TRANSP. CO.; NEW ENGLAND COAL & COKE CO. v. NORTHERN BARGE CORPORATION; H. N. HARTWELL & SON, Inc., v. SAME.
CourtUnited States Court of Appeals for the Second Circuit
Full case nameThe T.J. Hooper
DecidedJuly 21 1932
Citation(s)The T. J. Hooper, 60 F.2d 737, 1932 U.S. App. LEXIS 2592
Court membership
Judge(s) sittingLearned Hand, Thomas Walter Swan, Augustus Noble Hand
Case opinions
MajorityHand, joined by Swan, Hand
Part of the common law series
Tort law
(Outline)
Trespass to the person
Property torts
  • Trespass
    • land
    • chattels
  • Conversion
Dignitary torts
Negligent torts
Principles of negligence
Strict and absolute liability
Nuisance
Economic torts
Defences
Liability
Remedies
Other topics in tort law
By jurisdiction
Other common law areas
  • icon Law portal
  • v
  • t
  • e

The T.J. Hooper, 60 F.2d 737 (2d. Cir. 1932)[1] is a 1932 admiralty law decision of the United States Court of Appeals for the Second Circuit.[2] The case is commonly known by the name of one of the vessels involved.

Background

In March 1928, two barges, belonging to the Northern Barge Company, had lifted cargoes of coal at Norfolk, Virginia, for New York. They were towed by tugboats, the "Montrose" and the "Hooper," and were lost off the Jersey Coast on March tenth, in an easterly gale.

As a result, the cargo owners sued the barges, the owner of the barges sued the tugs, and the owner of the tug filed a petition to limit its liability.

Ruling

Judge Learned Hand wrote the majority opinion for the court; he stated that even though there was not a custom for these ships to be equipped with a radio at the time, it was unreasonable for them not to.

References

  1. ^ The T.J. Hooper, 60 F.2d 737 (2d Cir. 1932)
  2. ^ Richard Epstein (1991). "The Path to The T. J. Hooper: The Theory and History of Custom in the Law of Tort". University of Chicago Law School. University of Chicago. Retrieved 3 December 2020.
  • v
  • t
  • e
Courts of appeals
District courts
Specialty courts
Territorial courts
Extinct courts
Note
American Samoa does not have a district court or federal territorial court; federal matters there go to the District of Columbia, Hawaii, or its own Supreme Court.