132 Minn. 173 | Minn. | 1916
The rule is well settled that, if goods are delivered to a carrier in good condition and arrive at destination in damaged condition, a prima facie case of liability is made out, and the carrier is then called upon to prove that the damage did not arise from its negligence. Fockens v. United States Express Co. 99 Minn. 404, 109 N. W. 834. But it is plain that before this rule can be invoked it is incumbent on the plaintiff to prove both the delivery to the carrier in good condition, and the delivery by the carrier in damaged condition. There was evidence from which the jury might find in favor of plaintiff on both of these points, but under the evidence they were not bound to find that the boiler was delivered by defendant in damaged condition. There is no direct evidence as to where the damage was done. The claim that it was done while on the cars is based on the testimony calculated to show that it could not have been damaged after its arrival. But the evidence on this point is far from conclusive.
The witnesses who handled the boiler after its arrival at Waseca testified that it was carefully handled, was never dropped, and that it did not receive any jar or jolt. The evidence shows, however, that these boilers have a hollow air space in them and crack very easily. The testimony as to the care with which the boiler was handled after its arrival is persuasive but not conclusive proof that it could not have been damaged while so handled, and if we eliminate the testimony of the steam fitter as to what occurred while it was in his possession, no witness undertook to say that the boiler was not damaged in handling after its arrival. Had they done so, it would only have been matter of inference or opinion.
Order affirmed.