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PAN-AMERICAN HIDE CO. v. NIPPON YUSEN KAISHA

13 F.2d 871 (1921)

PAN-AMERICAN HIDE CO., Inc., v. NIPPON YUSEN (KABUSHIKI) KAISHA. THE TOYOHASHI MARU.

District Court, S. D. New York.

December 27, 1921.

Attorney(s) appearing for the Case

Henry B. Potter, of New York City, for libelant.

Ray Rood Allen, of New York City, for respondent.

LEARNED HAND, District Judge.

I agree that the recital in the bill of lading and the delivery in bad order make out a prima facie case for the libelant. However, a prima facie case is one thing, and the burden of proof is another. The libelant has that burden on the issue whether the goods were damaged while in the carrier's custody. Taking all the evidence in the case, I am not convinced that it did. I scarcely feel disposed to discredit all the ship's evidence concerning...

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