Plough, Inc. v. The Mason and Dixon Lines

LIVELY, Circuit Judge.

This case deals with the burden of proof in an action by a shipper for injury to goods transported by a motor carrier. Following a non — jury trial, the district court found that the carrier had met its burden of proving that the goods of the shipper had an “inherent vice” and that the carrier was free of negligence, but that the shipper had failed to prove that the carrier had transported the goods in a soiled or defective trailer. We conclude that the district court misallocated the burden of proof and, accordingly, we vacate the judgment and remand for further…