Textile Overseas Corp. v. Riveredge Warehouse Corp.

The trial court inadvertently erred in its charge on the question of burden of proof when it instructed the jury that after defendant had established a theft of the goods from the warehouse it still had the burden of showing that “ the loss was not due to any negligence or want of due care on his part.”

The law is well settled that failure on the part of a bailee to deliver to a bailor his property on demand raises a presumption of liability, but this presumption is prima facie only and may be overcome by evidence. When it appears that the loss was caused by some accident, such as by a fire or…