Ætna Insurance Co. v. Marble Hill Garage, Inc.

On the former trial defendant produced ample evidence of due care on its part and plaintiff gave no evidence to contradict this. This court thereupon reversed a judgment in plaintiff’s favor because it had not met the burden of proof which the law cast upon it. The presumption in plaintiff’s favor had been overcome by defendant’s uncontradicted proof. On the present trial defendant rested without offering any proof whatever. Assuming that plaintiff’s present proof showed that- the bailed chattel had been stolen from defendant and damaged by the thief, this, under the authorities, did not…