J. C. Penney Company, Inc. v. D. D. Jones Transfer & Warehouse Company, Inc.

BUTZNER, Circuit Judge:

J. C. Penney Company, Inc., stored goods in a warehouse operated by D. D. Jones Transfer & Warehouse, Inc., under a contract that provided: “All property received in storage will be held at owner’s risk or loss * * * from * * * fire, or any other cause beyond our [Jones’] control * * Over Penney’s objection, the district judge held that this clause placed on Penney the burden of going forward with the evidence and of ultimately proving Jones was negligent in either causing, or failing to extinguish, a fire that destroyed the goods. In reaching this conclusion, the judge…