Lever Bros. v. Baltimore & O. R.

SOPER, Circuit Judge.

The subject matter of this suit is the loss of a carload of tallow belonging to the plaintiff which was received by the carrier from the consignor in good con*739dition at Wilmington, Delaware, but escaped through an outlet in the bottom of the car while it was en route to the plaintiff at Baltimore. The carrier undertook to account for the loss by producing evidence tending to show that the closing valve of the car, which was not furnished by it but by the shipper, was in a defective condition and that the tallow was not properly loaded before the car was turned over to the…