Re:

["Paul D. Robertson" <proberts () clark net>]

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
proberts () clark net      which may have no basis whatsoever in fact."
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