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Commercial Molasses Corp. v. New York Tank Barge Corp., 314 U.S. 104 (1941)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Commercial Molasses Corp. v. New York Tank Barge Corp., 314 U.S. 104 (1941)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 314 U.S. 95, click here.
Commercial Molasses Corp. v. New York Tank Barge Corp. No. 14 Reargued October 16, 1941 Decided November 17, 1941 314 U.S. 104
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
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. 105, 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. 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. 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.
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Chicago: U.S. Supreme Court, "Syllabus," Commercial Molasses Corp. v. New York Tank Barge Corp., 314 U.S. 104 (1941) in 314 U.S. 104 314 U.S. 105. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=VSAA9Q1RQXBAYMR.
MLA: U.S. Supreme Court. "Syllabus." Commercial Molasses Corp. v. New York Tank Barge Corp., 314 U.S. 104 (1941), in 314 U.S. 104, page 314 U.S. 105. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VSAA9Q1RQXBAYMR.
Harvard: U.S. Supreme Court, 'Syllabus' in Commercial Molasses Corp. v. New York Tank Barge Corp., 314 U.S. 104 (1941). cited in 1941, 314 U.S. 104, pp.314 U.S. 105. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=VSAA9Q1RQXBAYMR.
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