The Westminster
District Court, E.D. Pennsylvania
On rehearing. For former opinion, see 102 Fed. 366.
1Opinion of the Court
J. B. McPHERSON, District Judge.
A decree in this case was entered on June 15,1900, dismissing the libel: 102 Fed. 366. The decree was afterwards stricken off in order that further testimony might be taken upon the question whether notice of the claim for damage had ‘been given to the respondent before removal of the goods, and for mo other purpose. Three witnesses have since been examined on behalf of the respondent, and the matter comes before the court for rehearing. I agree with the libelant’s position that the burden of proof is upon the carrier to establish the fact that no notice of…
2Cases cited2 opinions
- The St. HubertCourt of Appeals for the Third Circuit · 1901
- The WestminsterDistrict Court, E.D. Pennsylvania · 1900
3Cited by2 opinions
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Brown v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1909