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EDWARD G. MURRAY L. & T. CO. v. PENNSYLVANIA R. R.

No. 326.

130 F.2d 199 (1942)

EDWARD G. MURRAY LIGHTERAGE & TRANSP. CO., INC., v. PENNSYLVANIA R. R.

Circuit Court of Appeals, Second Circuit.

July 6, 1942.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Edward L. Smith, both of New York City, of counsel), for appellant.

Foley & Martin, of New York City (James A. Martin and Christopher E. Heckman, both of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

The bailee of a scow does not discharge himself of the duty thrown upon him by returning it damaged, unless he offers some evidence to show, either how the injury happened and that his negligence did not cause it; or that, however it did happen, his fault had no part in it. Cummings v. Pennsylvania R. Co., 2 Cir., 45 F.2d 152; Alpine Forwarding Co. v. Pennsylvania R. Co., 2 Cir., 60 F.2d 734<...

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