Channel Star Excursions, Inc. v. Southern Pacific Transportation Company, a Corporation

Channel Star Excursions, Inc. (Channel Star) brought an action against Southern Pacific Transportation Co. (Southern Pacific) based on several theories of injury all relating to Southern Pacific’s delay or failure to open its swingbridge. The district court dismissed the action for failure to state a claim. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

Southern Pacific owns and operates the “I Street Bridge,” a swingbridge which spans the Sacramento River, connecting the cities of Sacramento and West Sacramento. Channel Star owns two vessels, the “Matthew McKinley” and the “Spirit of Sacramento,” which it operates as excursion and dining riverboats. Channel Star alleges that on 93 occasions Southern Pacific failed to open or unreasonably delayed opening the swing-bridge, thereby disrupting Channel Star’s cruises and hurting its business. Channel Star brought its action under the Bridge Act of 1906 (Act) and under general maritime tort law.

II

The Act, 33 U.S.C. §§ 491-498 , imposes certain duties upon bridge owners and operators, who may suffer fines and/or imprisonment for failing to open bridges promptly. The Secretary of…