| |
| | Learned Hand — B < PL (Site not responding. Last check: 2007-11-07) |
 | | On the other hand, the barge must not be the bargee's prison, even though he lives aboard; he must go ashore at times. |
| | We need not say whether, even in such crowded waters as New York Harbor a bargee must be aboard at night at all; it may be that the custom is otherwise, as Ward, J., supposed in 'The Kathryn B. Guinan,' supra; n17 and that, if so, the situation is one where custom should control. |
| | We leave that question open; but we hold that it is not in all cases a sufficient answer to a bargee's absence without excuse, during working hours, that he has properly made fast his barge to a pier, when he leaves her. |
| www.learnedhand.com (1944 words) |
|
