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Home My WebLink About2929 IN THB CIVIL DIVISION OF COUNTY COURT IN ANll FOR € 2~.~~'~,,2 SAINT LIICIS O~UNTY, x~.o~~? CASS N0. 74-520-SP-O1 BONDfiD 'P . V . , INC . Plaintiff vs ~4'P~R FRS IGHTNAYS , INC . Oefendant oxD$R In an 8ction against a carrier to recover damages for injury or damage to goods during the course of tranaportation, the plaintiff has the burden of establishing that the goods were delivered to the carrier in good condition. 1he mere delivery of the goods to the carrier does not raise a prestm~ption that the goods Were in good condition when so delivered. However, it is generally held that isauance of a bill of lading or ship- • ping creates a presumption that, insofar as is disclosed by ordinary in- spection, the shipment was free from visible defects or damages and, to such extent, in good condition when received by the carrier. Moreover, the issuance by a carrier of a bill of lading or shipping receipt which, ; containing no notation of visible damages or defects, includes an affir- ~ + k i mative acknowledgea?ent that on receipt the goods to be shipped were in # p "good order" or "apparent good order," has been generally held to con- ' ~ ~ ~ stitute prima facie evidence, that the goods were received in good con- dition, at least with respect to external matters. In an action against a carrier to recover damages for injury or damage to goods during the course of tranaportation, the plaintiff not only has the burden of proving that the gooda were delivered to the carrier in good condition, but also has the burden of provfng [hat the goo~s vere delivered by the carrier at destination in a damaged condition. Where the plaintiff introduces evidence which shows prima facie that the goods were delivered to the carrier in good conditior:, and that the carrier delivered the goods in a damaged condition, a pn~sumption is raised that , the damage occurred through the fault or negligence of the carrier, and this casts upon the carrier the burden of showing that the goods were not in good condition when delivered to the carrier, or that the damaged was occasioned by some cause excepting the carrier from abaolute liability. ~ - ~tr ~ P C~ r~ PAGE~N7~ 1 _ ~ 1 ~ , • ~ ~ - - - fY ~s ~ ...F, y ~ . ~_LL-~~i'_ ~~s _ ~,:a:~. *s c`-`..^. _ "