Nordlinger v. The Connaught

32 F. 640, 1887 U.S. Dist. LEXIS 106

• Court: District Court, E.D. New York
• Decided: November 9, 1887
• Status: Published

Opinion

Benedict, J.

The evidence in this case as to the character of the voyage of the ship in which the libelant’s prunes were transported, and the weak character of the casks in which the prunes were contained, is abundantly sufficient to cast upon the libelant the burden of showing bad stowage. This burden has not been discharged. The libelant, instead of proving bad stowage, has offered testimony to show that the casks were good, and asks the court to infer bad stowage. This cannot be inferred from the facts proved here. On the contrary, from the evidence as to the character of the casks, the natural inference is that the character of the casks caused the damage to the prunes.