Victory Carriers, Inc. v. Oil Screw Tug Sea Scout

The Court heretofore entered an interlocutory order stating its finding that the collision between libelant’s vessel and respondent’s tug was the result of the combined fault of the pilot of the vessel and the tug.

The question now to be determined is the liability of the impleaded respondent, States Marine Corporation of Delaware, the time-charter of the vessel, arising out of the pilotage clause claimed by respondent to be part of the towage contract.

The pilotage clause relied on by respondent provides as follows:

The evidence is persuasive that when States Marine engaged respondent to provide towage service for libelant’s vessel, it was aware that this particular pilotage clause was one of the terms upon which respondent rendered tug service. By ordering respondent’s service with such knowledge, States Marine accepted the pilotage clause as part of the towage contract and is bound by it.

Although States Marine was given authority by the time charter to provide a pilot for libelant’s vessel, the charter gave it no authority to bind libelant to the provisions of the pilotage clause. It did not act as libelant’s agent in contracting with respondent for the pilot’s services.…