From our practice

Concerning carrier’s liability the burden of proof is an essential question. In one of our cases Xray-tubes loaded and delivered in intact, undamaged packing were found broken inside the packing after delivery. The question arose whether the carrier should prove that the Xray-tubes had been already loaded in broken condition or the consignee should prove that they were broken up during the transportation. The practice of courts have unanimously accepted the second, practically reasonable solution so far. In our case however the court chose the first way. Now the question is, whether this decision shall be considered as a new way of thinking of the courts or it is nothing else but an exceptional blunder.