Southern Pacific Transportation Co. v. Matson Navigation Co.

MEMORANDUM OF OPINION AND ORDER

Southern Pacific Transportation Company (“Southern Pacific”) brought this action against Matson Navigation Company (“Matson”) to recover $5,024 in demurrage charges incurred on 72 prepaid shipments originating from various points within the United States and delivered to Matson or its agent at Oakland, California, for shipment to Hawaii. The facts, as stipulated by the parties, are as follows.

Southern Pacific is a common carrier of property by railroad engaged in interstate commerce. Matson operates both as a terminal operator and as a common carrier by water, holding itself out to unload cargo in its former capacity and to load and transport it to Hawaii in its latter capacity. Each of the shipments involved in this litigation was covered by two bills of lading, one issued by the origin rail carrier covering the movement to Oakland, and a second, ocean bill of lading, covering the movement to Hawaii. In all instances, the inland shipper appeared as consignor on both bills of lading, and in most cases the Hawaii purchaser appeared as consignee. On these bills of lading Matson was named as the “care of” party. However, in a few cases the shipment…