Edward G. Murray Lighterage & Transp. Co. v. Pennsylvania R. R.

The bailee of a scow does not discharge himself of the duty thrown upon him by returning it damaged, unless he offers some evidence to show, either how the injury happened and that his negligence did not cause it; or that, however it did happen, his fault had no part in it. Cummings v. Pennsylvania R. Co., 2 Cir., 45 F.2d 152; Alpine Forwarding Co. v. Pennsylvania R. Co., 2 Cir., 60 F.2d 734; The E. T. Halloran, 2 Cir., 111 F.2d 571. The respondent showed neither; it could not tell whether the wind had swung the tow into the path of the passing tow, or whether the fault was of that tow which…