MORRISON MILL CO. v. HARTFORD FIRE INS. CO.

No. 12220.

32 F.2d 271 (1929)

MORRISON MILL CO. v. HARTFORD FIRE INS. CO. OF HARTFORD, CONN.

District Court, W. D. Washington, N. D.

March 8, 1929.


Attorney(s) appearing for the Case

Bogle, Bogle & Gates, of Seattle, Wash., for plaintiff.

Cosgrove & Terhune, of Seattle, Wash., for defendant.


NETERER, District Judge (after stating the facts as above).

The scow sinking so soon after sailing, without having encountered violent storms or other adequate cause, created an inference of fact that the cause existed at the time of sailing, and was therefore unseaworthy; and unless this inference of fact is repudiated by the plaintiff, the burden shifts to the plaintiff, and releases the defendant of the burden to show that the scow was unseaworthy. Arnould, §...

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