American Diamond Lines, Inc. v. McAllister Towing & Transportation Co.

Upon the facts as stated in the previous opinion, The West Eldara, 101 F.2d 45, with which familiarity is now assumed, we held that the pilotage clause was not binding upon the ship owner. This is so be*671cause the charterer was not the agent of the owner in contracting with the towing company to dock the vessel. The Niels R. Finsen, D.C., 52 F.2d 795; The Kate, 164 U.S. 458, 17 S.Ct. 135, 41 L.Ed. 512.

Under this time charter which was not a demise, it is clear that the navigation of the vessel was the responsibility of the owner rather than that of the charterer. As between those two the acts…