Rogers v. Moran Towing & Transportation Co.

(after stating the facts as above). This is a pure question of fact and the inferences to' be drawn from the circumstances are not perfectly clear. It must be borne in mind, however, that the burden is upon those claiming a liability where, as here, there was no bailment by the Moran Company to the Foundation Company, and no agreement by the latter to return the scow in good order.

The contract between the Moran Company and the Foundation Company provided that the Moran Company furnish:

“The Work. — (a) The furnishing of all the necessary bottom dump and deck scows at the Foundation Company’s…