Sunkist Growers, Inc. v. Matson Navigation Co.

[977]Opinion

ELKINGTON, J. 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:

“1. Plaintiff is a corporation which on November 25, 1969 delivered to Defendant at Wilmington, California 5540 containers of citrus fruit for transportation from Wilmington to Honolulu, Hawaii.

“2. Defendant was on November 25, 1969 and is today a corporation principally engaged in the common carriage by water of cargo between the Pacific Coast of the United States and Hawaii. Cargo is usually delivered to a Hawaiian consignee by Defendant in seven to ten days after the cargo is delivered to Defendant in Wilmington.

“3. The cargo which is the subject of this cause of action was not transported from Wilmington to Honolulu pursuant to the contract. Rather, the cargo was redelivered from Defendant to Plaintiff at Wilmington after February 2, 1970. Had the cargo been transported pursuant to the contract, it would have been delivered to Plaintiff in Honolulu on approximately December 5, 1969.

“4. Plaintiff filed suit in this Court on February 2, 1971.”

In its appellate brief, plaintiff elaborates upon the facts appearing in the settled statement. We do not consider such matter which was not [978]