San Rafael Freight & Transfer Co. v. Columbia Steel Corp.

August 16, 1927, the Columbia Steel Corporation employed the San Rafael Freight & Transfer Company to transport a quantity of steel rolls from the plant of the steel company at Pittsburg, Cal., to the port of San Francisco. Pursuant to this employment, the barge Jennie and Edna, in tow of a tug, was dispatched to Pittsburg to do the work. In the loading of the steel rolls onto the barge, an employee of the steel company operated the crane on the wharf, by means of which the rolls were lifted from the dock and placed on board the barge. The movement of the crane and the placing of the rolls was under the direction and supervision of the captain of the barge. In the course of the work, and after 17 or 18 rolls had been loaded, the barge turned over, and 17 of the rolls fell into the river. The present libel was thereupon filed to recover the cost of salvaging the steel 'rolls. From a decree in favor of the libelant, tbe respondent has appealed.

In support of the appeal it is earnestly insisted that in the case of a private carrier there is no presumption of negligence from the mere loss of merchandise, and that the burden of proof in such cases is upon the party charging…