McNeely & Price Co. v. The Lambrook

KIRKPATRICK, Chief Judge.

This is an action to recover for damage to a cargo of goatskins shipped from Madras to Philadelphia. The goatskins were packed in 30 bales covered with burlap, and the damage was caused by water, moisture or dampness which rotted a portion of the skins.

Laying aside for the moment the question of presumptions arising from the bill of lading acknowledging receipt in apparent good order and condition, and assuming that the burden of proof is upon' the respondent upon all issues, it is indisputable that, if it be the fact that the water damage did not occur during the…