Loo-Mac Freight Lines, Inc. v. American Type Founders, Inc.

Townsend, Judge.

The plaintiff in error does not insist on the general grounds of the motion for new trial, and assigns error on certain charges of the court which, it is contended, were improper in that they deprived the defendant of his defense that the cargo was injured through inherent vice in that it was improperly crated by the shipper, a defect latent and not apparent to the carrier, and that this was the cause of the injury. We agree with the plaintiff in error that the burden is on the plaintiff in the first instance to show that the damage occurred in transit by showing that the…