This section contains the nature of the case and procedural background.

Lampe (P) owned a barge that was coming ashore in dense fog with assistance from a tug. He had an arrangement with the tug driver that in the case of dense fog, he would blow them in from shore. This is because the normal fog horns were not working in the winter season. Smith (D) heard the boats coming towards the shore and attempted to tell them they were approaching land by honking his horn, communicating through a megaphone, and alerting the Coast Guard. D did not know that this sound customarily meant that the boat was near the dock. The tug thought D was P and followed his sounds until he hit the shore. The ship and cargo were lost. P sued for damage caused by D's interference. The District Court ruled for P. D appealed.

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