Inland Rivers Service Corp. v. Hartford Fire Insurance

Emulating Sherlock Holmes, who once solved a crime based on the dog that did not bark, the majority inferentially reasons that a peril of the sea caused the sinking of the barge based on what was not proved at trial. Unlike the famous fictional detective, however, the majority floats far off course on their voyage of analyzing the burden of proof in marine casualty litigation. I cannot sign aboard for this cruise and must, therefore, respectfully register my dissent.

Initially, it should be noted that the phrase “peril of the sea” has been defined as:

“Perils of the sea embrace all kinds of…