Caterpillar Overseas S.A. v. Marine Transport Inc. and others - U.S. Court of Appeals (4th Circuit) (Russell, Widener and Hall C.JJ.) - 5 April 1990

Carriage of goods by sea - Goods sustaining damage during overland transfer between load ports - Whether carrier entitled to limit liability - Whether trucker entitled to protection from “Himalaya” clause

The plaintiff sold a Caterpillar tractor to Chanimat, a Zaire corporation, for delivery via sea carriage at Matadi, Zaire. The plaintiff arranged with Farrell Lines Inc. to ship the tractor from Portsmouth, Virginia. However, due to the unavailability of the nominated vessel at Portsmouth, Lusk and Farrell agreed that the tractor should be transferred to the Norfolk International Port where another of Farrell’s vessel’s was due to berth.