Pan-American Hide Co. v. Nippon Yusen (Kabushiki) Kaisha

LEARNED HAND, District Judge.

I agree that the recital in the bill of lading and the delivery in bad order make out a prima facie case for the libelant. However, a prima facie ease is one thing, and the burden of proof is another. The libelant has that burden on the issue whether the goods were damaged while in the carrier’s custody. Taking all the evidence in the case, I am not convinced that it did. I scarcely feel disposed to discredit all the ship’s evidence concerning the condition of hold No. 4 after the discharge, or the dryness of the salt, the dunnage, and the matting, or the good…