| Pilotage and Towage
The transportation
of goods by a barge lacking its own motive power but propelled
by other craft is an important part of American maritime commerce.
Boats which push barges are called towboats, while those that
pull are referred to as tugboats; the barge itself is called
the tow. Some recent disasters involving these craft are forcing
the industry to undego self-examination and change.
to do:
1. View
the pictures at http://koti.mbnet.fi/~soldier/towboat.htm.
Read the article: New
rules pushing towboat industry http://www.chron.com/content/chronicle/page1/96/12/15/barges.html
2.
Read casebook pages 403-423. Again the cases in this chapter
have been extensively edited. Be sure to take the time to
"squib brief" each case .
3. Read
Altosino v. Warrior & Gulf
Naviagation [In re AMTRAK "Sunset Limited train crash
in Bayou Canot, Alabama, on September 22, 1993] http://www.law.emory.edu/11circuit/sept97/96-6833.opa.html.
3.
Answer these two questions--send an email to my secretary
with an attachment (jpmcalis@samford.edu). Remember to identify
yourself in the attachment:
A. From
your text reading: What warranties does a "tug"
owe the "tow"?
B. "One
must identify the state law involved and determine whether
there is an admiralty principle with which the state law conflicts....
If there is an admiralty- state law conflict, the comparative
interests must be considered–they may be such that admiralty
shall prevail ... or if the policy underlying the admiralty
rule is not strong and the effect on admiralty is minimal,
the state law may be given effect...."
Based on Altosino v. Warrior & Gulf
Naviagation, how does the Alabama Wrongful
Death Act conflict with admiralty law principles?
welcome
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