Sea-Land Service Inc v Lozen International LLC - US Court of Appeals (9th Circuit) (Beezer, Tashima and Graber Ct JJ) - 3 April 2002

Carriage of goods by sea - Carrier's railroad agent placed goods on wrong train - Goods failing to arrive at loading port in time for ocean carriage - Shipper contending that carrier had made unreasonable deviation on basis that agent had failed to implement carrier's instructions after error discovered - District court granting summary judgment in carrier's favour - Whether genuine issue of fact

The defendant shippers ("Lozen") arranged with the plaintiff carrier ("Sea-Land") to transport three containers of grapes from Hermosillo, Mexico to Felixstowe, England. The containers were to travel by truck from Hermosillo to Long Beach, California. From there, they were to be transported by rail to Elizabeth, New Jersey, where they were to be loaded on the Mathilde Maersk, an ocean vessel that would be stopping in Felixstowe. The estimated departure date of the Mathilde Maersk was 20 June 1999, with an estimated arrival in Felixstowe on 28 June 1999. However, Sea-Land's railroad agent placed the containers on the wrong train, and as a result, Lozen's grapes did not arrive in New Jersey in time for the sailing of the Mathilde Maersk, which resulted in Lozen having to accept a reduced price for the grapes.