Insurance Co. of North America v. Fredk. Leyland & Co. (1900), Ltd.

Citations

• 191 F. 161
• 1911 U.S. App. LEXIS 4922

Syllabus

<p>1. Shipping (§ 132*) — Suit tor Damage to Cargo — Burden on Proof.</p> <p>Where cotton was receipted for by a ship as in good condition, but was in bad condition when delivered at destination, the vessel is prima facie liable for the injury, and has the burden of proof to establish its exercise of proper care.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 479-482; Dec. Dig. § 132.*</p> <p>Presumptions and burden of proof as to cause of loss or injuries to goods shipped by vessel, and diligence or negligence of carrier, see note to The Patria. 68 C. C. A. 398.1</p> <p>2. Shipping (§ 132*) — Damage to Cargo — Improper Loading.</p> <p>Evidence considered, and held to establish the liability of the owners of a vessel for damage to a cargo of cotton on the ground that a part of it was loaded in the rain, and that other bales were wet when loaded.</p> <p>[Ed. Note. — For other cases, see Shipping, Dec. Dig. § 132.*]</p>