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Norfolk Southern Ry. v. James N. Kirby, Pty Ltd., 543 U.S. 14 (2004), 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.
Also, although Article III(4) declares a bill of lading to be a mere "prima facie evidence of the receipt by the carrier of the goods", the Carriage of Goods by Sea Act 1992 section 4 upgrades a bill of lading to be "conclusive evidence of receipt".
The facts of the case were as follows: The plaintiffs were consignees of a cargo of steel coils shipped from Japan to Rotterdam under a bill of lading issued by the defendants, who were shipowners. The bill of lading incorporated the Hague Rules and provided for English law and jurisdiction. The plaintiffs paid for the goods and received an ...
Lickbarrow v Mason ((1788), 2 T. R. 63 and (1794) 5 TR 683) refers to an English legal case in which it was determined that a shipped or endorsed bill of lading is a document of title at common law, i.e. a document which can be owned and therefore the ownership of it could be sold or otherwise transferred to someone else.
Grant v Norway (1851) [1] is a case on the Law of Carriage of Goods by Sea; but since 1992 it has no longer been good law.. This was an action upon the case by the indorsees of a bill of lading, against the owners of a vessel, to recover the amount of advances made by the former upon the bills of lading, the goods never having in fact been shipped.
The Carriage of Goods by Sea Act (COGSA) [1] is a United States statute governing the rights and responsibilities between shippers of cargo and ship-owners regarding ocean shipments to and from the United States. It is the U.S. enactment of the International Convention Regarding Bills of Lading, commonly known as the "Hague Rules".
In this case, the bill of lading can be used if the shipper does not properly ship the goods then the shipper cannot receive the bill of lading from the carrier. Eventually, the shipper would have to deliver the bill of lading to the seller. In this case, the bill of lading is used as evidence of contract of carriage between seller and carrier.
The Uniform Bills of Lading Act was adopted in 1909 and passed by the U.S. Uniform Law Commission.The act addressed the judicial and legislative treatment of issues such as the extent of the carrier's liability to the consignee of the goods or to the buyer of the bill of lading based upon the carrier's issuance of the bill. [1]