Sunkist Growers, Inc. v. Matson Navigation Co.

*977 Opinion

The appeal before us concerns the one-year limitation for commencement of an action against a carrier for loss or damage to goods received for shipment by sea, found in the “Carriage of Goods by Sea Act.” ( 46 U.S.C.A. §§ 1300-1315 [ 46 U.S.C.S. §§ 1300-1315 ] inclusive; hereafter sometimes the “act.”)

The limitation provision is found in section 1303(6), of the act, and it reads as follows: “In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered:...” (Italics added.)

On an agreed statement of facts the superior court entered summary judgment, based upon this statute of limitations, in favor of defendant Matson Navigation Company. Plaintiff Sunkist Growers, Inc. appeals from the judgment.

The agreed statement of facts, as relevant, follows:

In its appellate brief, plaintiff elaborates upon the facts appearing in the settled statement. We do not consider such matter which was not *978 before the superior court, and which is no part of the record before us. (See 6 Witkin, Cal. Procedure (2d ed.…