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NORFOLK SOUTHERN R. CO. v. JAMES N. KIRBY, PTY LTD.

No. 02-1028.

543 U.S. 14 (2004)

NORFOLK SOUTHERN RAILWAY CO. v. JAMES N. KIRBY, PTY LTD., DBA KIRBY ENGINEERING, ET AL.

Supreme Court of United States.

Decided November 9, 2004.

Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioner. With him on the briefs were Stephen B. Kinnaird, Amanda L. Tyler, Hyman Hillenbrand, Richard K. Hines V, and Taylor Tapley Daly.

Deputy Solicitor General Hungar argued the cause for the United States as amicus curiae urging reversal. With him on the brief were former Solicitor General Olson, Assistant Attorney General Keisler, Malcolm L. Stewart, Jeffrey A. Rosen, Paul M. Geier, Dale C. Andrews, Peter S. Smith, Robert B. Ostrom, Amy Larson, Phillip Christopher Hughey, Ellen D. Hanson, and Alice C. Saylor.

David C. Frederick argued the cause for respondents. With him on the brief were Michael F. Sturley, J. S. Scott Busby, and Charles Robert Sharp.*

O'CONNOR, J., delivered the opinion for a unanimous Court.

JUSTICE O'CONNOR delivered the opinion of the Court.

This is a maritime case about a train wreck. A shipment of machinery from Australia was destined for Huntsville, Alabama. The intercontinental journey was uneventful, and the machinery reached the United States unharmed. But the train carrying the machinery on its final, inland leg derailed, causing extensive damage. The machinery's owner sued the railroad. The railroad seeks shelter in two liability limitations...

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