v0755-73

IN THE ^

United States Circuit Court of Appeals

FOR THE NINTH CIRCUIT

WILLIAM BLACKWELL,

Plaintiff in Error,

vs. No. 2103.

SOUTHERN PACIFIC COMPANY,

Defendant in Error.

Brief on Behalf of Defendant In Error.

By prefacing the argument which will be ad-

vanced in behalf of defendant in error by a brief

statement of the facts, none of which are contro-

verted, it is believed that the rules of law applicable

to the sole question in controversy can be more

easily applied.

The shipments in controversy were received in

due course by the initial eastern carrier in good

condition, and upon arrival at destination were

found to have suffered damage, principally by leak-

age, while in the hands of some one of the carriers

over whose lines the shipments moved. In the

absence of proof by the carriers that the damage

was not caused by their negligence, for which they

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