J. T. Lunn Co. v. Cameron

Fifth Circuit

J. T. Lunn Co. v. Cameron

55 F. 525, 5 C.C.A. 207

Court of Appeals for the Fifth Circuit·Decided January 16, 1893·No. No. 42·Published·Cited by 5 cases

Opinion

McOORMIOK, Circuit Judge.

The appellants claim that the damage to the cargo was occasioned either by inherent defects in the goods or by sweat of the ship, and within the exceptions in the [526]*526bill of lading. The burden of proof was on them to show this, as the fact of damage and its extent were fully shown. A careful examination and consideration of the proof fails to satisfy us that such was the case, and our conclusion, therefore, is that the judgment of the district court should be affirmed at appellants’ cost, and it is so ordered.

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McOORMIOK, Circuit Judge.

The appellants claim that the damage to the cargo was occasioned either by inherent defects in the goods or by sweat of the ship, and within the exceptions in the [526]*526bill of lading. The burden of proof was on them to show this, as the fact of damage and its extent were fully shown. A careful examination and consideration of the proof fails to satisfy us that such was the case, and our conclusion, therefore, is that the judgment of the district court should be affirmed at appellants’ cost, and it is so ordered.

J. T. Lunn Co. v. Cameron, 55 F. 525, 5 C.C.A. 207 (5th Cir. 1893).

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Opinion

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