The Folmina
United States Supreme Court
212 U.S. 354, 29 S.Ct. 363, 53 L.Ed. 546 (1909)
- Written by Carolyn Strutton, JD
Facts
The Folmina was a steel steamship in good condition. The Folmina transported rice from Japan to New York under a bill of lading that contained a liability exception for perils of the sea and other conditions. On arrival in New York, some of the rice was found to have been damaged by seawater. An inspection of the ship found that it was sound, intact, and free from leaks. No evidence of negligence on the part of the crew was discovered, and there was also no evidence that the Folmina had encountered problematic weather during the voyage that could have caused the damage. The cargo owner (plaintiff) sued the carrier and the Folmina (defendants) for breach of the contract of carriage. The district court dismissed the claim. Upon appeal, the circuit court of appeals certified to the United States Supreme Court the issue of which party bore the burden for proving the cause of the damage.
Rule of Law
Issue
Holding and Reasoning (White, J.)
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