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''Norfolk Southern Ry. v. James N. Kirby, Pty Ltd.'', ,〔''Norfolk Southern Ry. v. James N. Kirby, Pty Ltd.'', 〕 was a United States Supreme Court case that dealt with the extent to which maritime bills of lading cover non-maritime portions of a shipment, together with connected clauses for exclusion of liability. == Background == In August 1997, James N. Kirby, Pty Ltd., an Australian manufacturer, hired International Cargo Control Pty Ltd. (ICC) as a shipping intermediary to arrange a shipment of goods from Milperra, New South Wales to Athens, Alabama. The total shipment consisted of fifty containers, of which forty were routed through the port of Long Beach, California and the rail terminal in Memphis, Tennessee. The remaining ten oversized containers, because of logistical constraints, were routed through the port of Savannah, Georgia. For these ten containers, ICC Ltd. arranged for carriage by truck from Milperra to Sydney, by sea from Sydney to Savannah, by rail from Savannah to Huntsville, Alabama, and by truck from Huntsville to Athens. ICC subcontracted with motor carriers for the truck movements in Australia and Alabama and subcontracted with an ocean carrier for the sea and rail movements. ICC issued Kirby a bill of lading, which invoked liability limitations provided by the ''Carriage of Goods by Sea Act'' (COGSA), as well as a Himalaya clause which extended ICC's limitations of liability to companies ICC hired. ICC hired Hamburg Süd to transport the goods, and Hamburg Süd issued ICC a bill of lading that also invoked COGSA protections and included a Himalaya clause. The limitation specified in COGSA was: Hamburg Süd carried the goods on a ship to Savannah, Georgia and subcontracted Norfolk Southern Railway to transport the goods inland to Alabama. In October 1997, the train derailed near Littleville, Alabama. Kirby sued Norfolk Southern in October 1998 to recover the $1.5 million in damages he claimed the derailment caused his goods. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd.」の詳細全文を読む スポンサード リンク
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