Section 11.36 Relationship Between a Wharfinger and Vessel Owner

• Library: Tort Law 2016

B. (§11.36) Relationship Between a Wharfinger and Vessel Owner

A wharfinger is a bailee of a vessel entrusted into its exclusive care, custody, and control, absent an agreement to the contrary. Commercial Molasses Corp. v. N.Y. Tank Barge Corp., 314 U.S. 104 (1941). A bailment is created if two conditions are met:

1. The vessel must be delivered to the wharfinger in "good" or "seaworthy" condition. Stegemann v. Miami Beach Boat Slips, 213 F.2d 561 (5 ^th Cir. 1954).

2. The vessel must be delivered to the exclusive "custody and control" of the wharfinger. United Barge Co. v. Notre Dame Fleeting & Towing Serv., Inc., 568 F.2d 599, 601 (8 ^th Cir. 1978).

As a bailee, a wharfinger is responsible for exercising due care in the keeping of goods that have been entrusted to it. See Riverway Co....