Page:Federal Reporter, 1st Series, Volume 2.djvu/826

 OAMPABT V. STEAMSHIP PKIOE. 819 �Campabt and others ». The Bteamship Pbiob. �[Dietriet Court, E. D. New York. June 2, 1880.) �BlLI. OP LADING — DeLIVERY OF CaIIQO— " QDANTITT and QTJAIilTT UN- �known" — BuRDEN OF Pkoof. — Where wheat was sliipped to France by several parties under bills of lading, specifying that the quantity and quality of the wheat was unknown, and suit was brought for non- delivery of the whole amount, hdd, that the burden of proof was on the libellants to show the quantity of wheat delivered in Havre, and their case must fail for lack of evidence — the claimants of the ship showing that ail the wheat shipped was delivered, and the bllla of lading surrendered by the consignees. �In Admiralty. �W. H. Goodrich, for libellants. �Coudert Bros., for claimants. �Benedict, D. J. TMs is a Consolidated action, •wherein sev- eral shippers of wheat seek to reoover damages for an alleged failure on the part of the above-named vessel to perform certain bills of lading, duly issued by the master of said ves- sel, for a quantity of wheat to be transported in said vessel from New York to Havre. There are four sets of these bUls of lading, issued to three different shippers. One set ao- knowledges the receipt of 7,939 50-60 bushels of wheat in bulk. Another set acknowledges the receipt of 15,000 bush- els of wheat. Another set acknowledges the receipt of 16,- 227 40-60 bushels of wheat, and another set acknowledges the receipt of 4,100 bushels of wheat. Ail these bills of lading are similar in form, and ail contain the foUowing pro- visions in print : "Weight, measure, contents, quality, brands and value unknown; not accountable for bursting of bags; not accountable for weight, measures, decay, breakage, or damage by rats;" and also the provision in writing, "quan- tity and quality unknown." �In regard to the first set the breach alleged is the failure to deliver 394 4-60 bushels of the wheat shipped; in regard to the second and third sets the breach alleged is the failure to deliver 462 4-60 bushels of the wheat shipped; in regard ����