James N Kirby Pty Ltd and anr v Norfolk Southern Railway Co - US Court of Appeals (11th Circuit)(Edmonson Chief Judge, Carnes and Siler Ct JJ) - 8 August 2002

Carriage of goods by sea and rail - Whether inland carrier entitled to benefit of Himalaya clause

James N Kirby Pty Ltd ("Kirby"), an Australian company, sold 10 containers of machinery to General Motors in Huntsville, Alabama. Kirby entered into a contract of carriage with International Cargo Control Pty Ltd ("ICC"), another Australian company. ICC was a freight forwarder. ICC issued a bill of lading to Kirby ("the ICC bill of lading") for the containers. ICC then hired Hamburg Sud, a German ocean shipping company, to transport the containers from Sydney to Huntsville. Hamburg Sud issued its own bill of lading ("the Hamburg Sud bill of lading") to ICC. It listed ICC as the shipper and Hamburg Sud as the carrier.