Kawasaki Kisen Kaisha, Ltd. v. Plano Molding Co.

Dist. Ct. did not err in finding in favor of defendant in bench trial on action by plaintiffs-shippers alleging that company hired by defendant improperly packed heavy molds purchased by defendant that caused floor of shipping container to break, which in turn caused derailment of train carrying said molds. While plaintiffs alleged that defendant breached clause in bill of lading requiring it to properly stow and secure said molds, record contained no direct evidence of how said molds were packed into container, and thus plaintiffs had failed to satisfy their burden of establishing any breach of contract. Moreover, Ct. rejected plaintiffs’ claim that defendant had burden to show that molds were properly packed, after Ct. observed that information as to how molds were packed was not peculiarly within defendant’s knowledge.