JENKINS v. DEANE.

(1933) 47 Ll.L.Rep. 342

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Motor insurance - Third party - Ford lorry towing second lorry which had broken down - Man killed by second lorry getting out of control owing to breakage of defective towing chain- Award of damages in action brought by plaintiff dependant against W & J (owners of both lorries) - Judgment not satisfied-Ford lorry insured by W & J with defendants-Claim by plaintiff as assignee of the policy against defendants-Alleged breach of conditions by assured - Denial of liability by defendants on grounds (1) that Ford lorry was carrying an excess load; (2) that the second lorry constituted a trailer; (3) that the Ford lorry was in an unsafe condition; (4) that no notice had been given of a change of partners in W & J; and (5) that as the second lorry was covered by other insurers the defendants were only liable to contribute rateably - Evidence of constitution of W & J - Construction of policy