311. Burden of proof in action for loss of or damage to cargo.

As a bailee of goods, a carrier under a voyage charter is liable for loss or damage occurring while the goods are in his charge unless he proves on the balance of probabilities that the loss or damage was not caused by his fault or was otherwise covered by an excepted peril1. If part of the damage is shown to be due to a breach of contract by the claimant himself, however, it seems that on the authorities the burden of proof may be on him to show how much of the damage was caused otherwise than by his

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