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Paul D. Robertson (probertsclark.net)
Fri, 27 Aug 1999 20:40:48 -0400 (EDT)

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On Fri, 27 Aug 1999, Steven M. Bellovin wrote:

> I suspect you're thinking of the T.J. Hooper case, which Bill
> Cheswick and I cited in our firewalls book. Here's the quote from
> the Court of Appeals ruling (60 F.2d 737, 2nd Cir. 1932):

It may be, AIR, the data came from a former AZ State's Attourney at a
conference a few years ago. I did take notes, but it was on my old
palmtop, and I can't find it or the disk I synched it onto. :(

> Indeed in most cases reasonable prudence is in face common
> prudence; but strictly it is never its measure; a whole
> calling may have unduly lagged in the adoption of new and
> available devices. It may never set its own tests, however
> persuasive be its usages. Courts must in the end say what
> is required; there are precautions so imperative that even
> their universal disregard will not excuse their omission...
> But here there was no custom at all as to receiving sets;
> some had them, some did not; the most that can be urged is
> that they had not yet become general. Certainly in such
> a case we need not pause; when some have thought a device
> necessary, at least we may say that they were right, and
> the others too slack. ... We hold [against] the tugs
> therefore because [if] they had been properly equipped,
> they would have got the Arlington [weather] reports. The
> injury was a direct consequence of this unseaworthiness.
>
> The issue was whether or not tugboats needed to be equipped with
> radios to receive weather forecasts.

Sounds more accurate than my memory.

Paul
(#2 engines in the Nerf rockets, right?)
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Paul D. Robertson "My statements in this message are personal opinions
probertsclark.net which may have no basis whatsoever in fact."
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