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Negligence Cases And Its Effects On The Judicial System

Good Essays

Negligence cases and their analyses have dominated our judicial system from its very inception. This can be attributed to the human need to find fault and administer blame for wrong-doings and the mere fact that committing negligence is so simple one may not even realize that it is being committed until one is served with court documents. For example, pretend your home has a very steep step leading to the front door. You are aware of this – after all, you live there – but you want to ensure the safety of all visitors to your home. Suppose each day you place a sign by the driveway that states, “Caution! Beware of steep step;” however, one day you decide to take a vacation and decide that is unnecessary to put the sign out for the duration …show more content…

Could the incident have been reasonably foreseen and could the presence of an employee have helped mitigate damages?
On June 20, 1943, Anna C was chartered from its owner, Conners Marine Company, to the Pennsylvania Railroad Company at a stated hire per diem. On January 4, 1944, around 2:15 PM, a negligent accident occurred which resulted in the sinking of the Anna C and all of her cargo being destroyed. The cargo aboard the Anna C – flour – was the property of the United States. At the time of year the accident occurred, daylight hours were shorter than normal and the weather conditions were not favorable (UNITED STATES et al. v. CARROLL TOWING CO., Inc., et al., 1947).
The negligence of the accident comes from a few different sources. Since the harbor conditions were uneasy and busy, the owner of the barge should have had a captain on board – at the very least – during daylight hours. The night before, the bargee left the Anna C at 5 PM and was still not present at the time of the sinking at 2:15 PM the following day. During this 21-hour gap, no bargee was on board when he should have been. Another negligent act was that the captain of the tug Carroll instructed the deckhand and harbormaster to inspect the lines on the tiers holding the barges to the Public Pier and Pier 52, including the Anna C. Since the harbormaster was employed by Grace Line, some fault lies with that company as well. Grace Line’s failure to add

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