Samincorp South American Minerals & Merchandise Corp. v. S.S Cornwall

WINTER, District Judge:

Pursuant to a Pre-trial Order, entered December 3, 1962, a preliminary hearing was held to determine upon whom rests the burden of proof as to the issue of liability. Libelant contends that proof of the issuance of a clean ocean bill of lading and the Railroad’s exceptions to the tally record as to the crimped condition of the shipment of coiled sheets of hot rolled open hearth steel establishes a prima facie case of liability on the part of the ship, its owner and/or charterer. The pre-trial order provided that determination of this contention should be without…