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J. C. PENNEY CO. v. D. D. JONES TRANSFER & WAREHOUSE CO.

No. 12799.

408 F.2d 678 (1969)

J. C. PENNEY COMPANY, Inc., Appellant, v. D. D. JONES TRANSFER & WAREHOUSE COMPANY, Inc., Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 26, 1969.

Attorney(s) appearing for the Case

Edward R. Baird, Norfolk, Va., for appellant.

Marshall T. Bohannon, Jr., Norfolk, Va. (Herbert & Bohannon, Norfolk, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

J. C. Penney Company, Inc., stored goods in a warehouse operated by D. D. Jones Transfer & Warehouse, Inc., under a contract that provided: "All property received in storage will be held at owner's risk or loss * * * from * * * fire, or any other cause beyond our [Jones'] control * * *." Over Penney's objection, the district judge held that this clause placed on Penney the burden of going forward with the evidence and of ultimately proving...

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