Hartnett v. Squire, Inc.

1. It was error for the trial judge to instruct the jury that, in effect, the defendant had the burden of proving the existence and amount of the damages caused by the plaintiff’s alleged failure to give timely notice of the liquidation of the increase in the customs duties payable on the defendant’s merchandise and notice of the earlier proceedings which culminated in their liquidation, and to deny the defendant’s request for an instruction to the contrary (the first sentence of request numbered fifteen). There being no prior agreement between the parties as to the specific amount of the…