Supreme Court of the United States

Italia Societa Per Azioni Di Navigazione v. Oregon Stevedoring Co., Inc.

March 9, 1964376 U.S. 315

Summary

The Court held that a stevedore’s implied warranty of workmanlike service can be breached when equipment supplied under the stevedoring contract is defective and causes injury, even if the stevedore was not negligent and the defect was latent. The warranty requires equipment to be reasonably safe and fit for its intended use, and breach turns on the equipment’s actual condition rather than the stevedore’s knowledge or fault. The Court reversed and remanded because the lower courts had not decided whether the contract’s express negligence provisions affected the implied warranty. Justice Black, joined by the Chief Justice and Justice Douglas, dissented, arguing that the decision improperly imposed insurer-like liability contrary to the contract and governing compensation policy.

Holding

  • Whether a stevedore breaches its implied warranty of workmanlike service by supplying defective equipment despite the absence of negligence.. A stevedore’s implied warranty of workmanlike service includes the contractual duty to furnish reasonably safe equipment required for the stevedoring operations, and that duty may be breached by supplying defective equipment even when the stevedore is not negligent and the defect is latent.
  • Whether breach of the equipment-supply obligation turns on negligence or on the equipment’s actual condition.. Breach turns on whether the equipment was in fact reasonably safe and fit for its intended use, not on whether the stevedore knew or should have known that it was defective.

Docket 82

Cited authorities

  • 33 U.S.C. §§ 901-950
  • 33 U.S.C. §§ 901-950
  • 44 Stat. 1424
  • 33 U.S.C. §§ 901-950
  • 44 Stat. 1424
  • 33 U.S.C. §§ 901-950

Cited by