United States v. Carroll Towing Co.

Connors Company's (plaintiff's) barge, the Anna C, carrying government-owned flour, was left unmonitored when its watching employee went ashore; during a tug-boat maneuver by Carroll Towing Co. (defendant) to move the barge to another dock, the maneuver failed, setting loose all boats at the pier, and the unmonitored Anna C ultimately sank, losing the flour. Connors sued Carroll and another tug company for the barge's loss, and the United States sued Carroll separately for the flour's loss; Carroll defended by arguing Connors was contributorily negligent for leaving the barge unattended, and the trial judge apportioned partial fault to Carroll for the barge damage and full liability for the flour loss.