Stanley Matthews

“ There is no ground in reason or authority for making such an exception to the general rule, which requires the plaintiff, in the first instance, to establish by proof the allegations of its complaint. It does not tend to establish such an exception that it appears by the record that one or the other of the respondents must have been so in fault as to be liable for the consequences. ”

“ There is none against the Dayton, because, on her behalf, all the alleged negligence is denied, and the contrary allegations of the libel cannot be legally maintained merely by corresponding allegations in the answer of the Bowen. To hold otherwise would require that in every case, as between the tow and its tug, the latter should be required affirmatively to establish its defense against the presumption of its negligence. ”

“ On the other hand, it is contended on the part of the libelant that while it is true that each of the defendants denies the negligence charged against it, yet both the answers show that the loss must have been occasioned by the fault of one of the defendants, and that being so, the law casts upon each defendant the burden of making good its allegations of fault against the other in order to exonerate itself. ”