Swenson v. Snare & Triest Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York.
1Per curiam
This was a libel in personam to recover damages for tlie loss of a pile driver which occurred in the East river in July, 1905. It is admitted that the pile driver was chartered by the respondent from the libelant and that while in the exclusive possession of the respondent it sank and was lost. As such an occurrence is not in tlie ordinary course of things, the burden was thrown on the respondent as a bailee to show how the loss took place and that it was not caused by its negligence.
The respondent has sought to sustain this burden by presenting testimony that, while the pile driver was being…
2Cited by14 opinions
- Tomkins Cove Stone Co. v. Bleakley Transp. Co.Court of Appeals for the Third Circuit · 1930
- Workman v. LewisCourt of Appeals for the Ninth Circuit · 1932
- Terry & Tench Co. v. Merritt & Chapman Derrick & Wrecking Co.Court of Appeals for the Second Circuit · 1909
- The White CityCourt of Appeals for the Second Circuit · 1931
- Bartley v. Borough Development Co.District Court, E.D. New York · 1914
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