Commercial Molasses Corp. v. New York Tank Barge Corp.Annotate this Case
314 U.S. 104 (1941)
U.S. Supreme Court
Commercial Molasses Corp. v. New York Tank Barge Corp., 314 U.S. 104 (1941)
Commercial Molasses Corp. v. New York Tank Barge Corp.
Reargued October 16, 1941
Decided November 17, 1941
314 U.S. 104
1. In the case of an unexplained sinking of a vessel under circumstances which may give rise to an inference of unseaworthiness, the party on whom the burden of proof rests must do more than make a case upon the whole evidence so evenly balanced that the trier of fact is unable to resolve doubts as to the validity of the inference. Pp. 314 U. S. 105, 314 U. S. 114.
2. Where the owner of a vessel has not assumed the common carrier's special undertaking to deliver the cargo safely, the burden of proving a breach of the shipowner's duty to furnish a seaworthy vessel rests upon the bailor. P. 314 U. S. 110.
3. The burden of proof in such a case does not shift with the evidence, but remains with the bailor, who must prove his case by a preponderance of all the evidence. P. 314 U. S. 110.
114 F.2d 248 affirmed.
This case came here on certiorari, 311 U.S. 643, to review the affirmance of a judgment dismissing petitioner's claim in a proceeding in admiralty brought originally by
the respondent for a limitation of liability. The judgment was affirmed here by an equally divided court, 313 U.S. 541; subsequently, a petition for rehearing was granted, the judgment was vacated, and the case was restored to the docket for reargument, 313 U.S. 596.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.