NOPCO Chemical Division of Diamond Shamrock Chemical Co. v. Blaw-Knox Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• shifting burden of production to defendants where machine damaged in transit but buyer did not know which carrier or bailee had damaged it
• shifting burden to defendants to establish which party in the transportation bailment chain caused damage to plaintiff's commercial drying machine
• burden shifted to defendants to establish which party in the transportation bailment chain caused damage to plaintiff's commercial drying machine
• manufacturer, carriers, and bailees successively handled machine that was delivered in damaged condition and plaintiff's inability to identify the responsible party warranted shifting the burden of proof rather than dismissing plaintiff's claim
• in transportation-bailment case, once plaintiff proves damages and identity of defendants, burden shifts to \those parties most likely to possess knowledge of the occurrence to come forward with the facts peculiarly within their possession\
• bailment damage to commercial drying machine

Source: CourtListener parenthetical corpus (CC0).