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KITANIHON-OI S. S. CO. v. GENERAL CONST. CO.

No. 81-4146.

678 F.2d 109 (1982)

KITANIHON-OI STEAMSHIP COMPANY, Plaintiff-Appellant, v. GENERAL CONSTRUCTION COMPANY, et al., Defendants, and Sacramento-Yolo Port District, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1982.

Attorney(s) appearing for the Case

Eric Danoff, Graham & James, San Francisco, Cal., for plaintiff-appellant.

Donald F. Farbstein, Farbstein, Brown & Pillsbury, San Mateo, Cal., argued for defendant-appellee; Philip L. Pillsbury, Jr., Farbstein, Brown & Pillsbury, San Mateo, Cal., on brief.

Before GOODWIN, SNEED, and ANDERSON, Circuit Judges.

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 nonnegligently. 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...

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