The T.J. Hooper

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.

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.
Court	United States Court of Appeals for the Second Circuit
Full case name	The T.J. Hooper
Decided	July 21 1932
Citations	The T. J. Hooper, 60 F.2d 737, 1932 U.S. App. LEXIS 2592
Court membership
Judges sitting	Learned Hand, Thomas Walter Swan, Augustus Noble Hand
Case opinions
Majority	Hand, joined by Swan, Hand

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.