United States Eleventh Circuit

Railroad's liability to a shipper for damage done to goods by train derailment is not limited by a "Himalaya clause" in two bills of lading, where the shipper was not bound by one bill, and the railroad was not a designated beneficiary of that clause in the other bill.

Appellate Information

• Decided 08/08/2002
• Published 08/08/2002

Judges

• CARNES, Circuit Judge:, Before EDMONDSON, Chief Judge, and CARNES and SILER, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael F. Sturley, University of Texas Law School, Austin, TX, J.S. Scott Busby, Atlanta, GA, Charles Robert Sharp, Bovis, Kyle & Burch, LLC, Atlanta, GA, David C. Frederick, McLean, VA, for Plaintiffs-Appellants.


• For Appellees:
  
• Richard K.V. Hines, Atlanta, GA, for Defendant-Appellee.