Legal Opinion
Kitanihon-Oi Steamship Company v. General Construction Company, and Sacramento-Yolo Port District
Court of Appeals for the Ninth Circuit
Decided May 26, 1982No. 81-4146PublishedCited by 5 opinions
1Opinion of the Court
SNEED, Circuit Judge:
The issue in this case is whether the compulsory pilotage clause in the tariff of the Sacramento-Yolo Port District (the Port) creates an implied warranty that its commissioned pilots will perform nonnegli-gently. The particular arrangement by which pilots are provided for the Sacramento Deepwater Ship Channel (the Channel) makes this case one of first impression. We hold that because the pilots are not employed or paid by the Port, the Port’s role in commissioning the pilots and requiring their use creates no implied warranty of nonne-gligent performance.
FACTS
This action…
2Cases cited2 opinions
- United States of America, and v. Ss President Van Buren, Etc., American President Lines, Ltd., Third-Party and v. City of Long Beach, Third-Party AndCourt of Appeals for the Third Circuit · 1974
- State of Wash. v. M/V DILKARADistrict Court, W.D. Washington · 1979
3Cited by5 opinions
- Puerto Rico Ports Authority v. M/v Manhattan Prince, Sujeen Trading Pte., Ltd. v. Crowley Towing & Transportation Co.Court of Appeals for the First Circuit · 1990
- Kane v. Hawaiian Independent Refinery, Inc.Court of Appeals for the Ninth Circuit · 1982
- Puerto Rico Ports Authority v. M/V "Manhattan Prince"District Court, D. Puerto Rico · 1987
- Jeanette R. Kane, as Personal Representative of Francis Michael Kane, and as Administratrix of the Estate of Francis Michael Kane, Deceased v. Hawaiian Independent Refinery, Inc. v. Aegean Seaways Co., S.A., and Coulouthros, Ltd.Court of Appeals for the Ninth Circuit · 1982
- Kitanihon-Oi Steamship Company v. General Construction Company, and Sacramento-Yolo Port DistrictCourt of Appeals for the Ninth Circuit · 1982