LEARY v. "DEPTFORD" (OWNERS).

(1935) 52 Ll L Rep 264

COURT OF APPEAL.

Before Lord Justice Slesser, Lord Justice Roche and Mr. Justice Swift.

Workmen's compensation-Disease-"Arising out of and in the course of the employment"-Death of ship's steward from typhoid fever-Evidence that two others of the crew contracted the disease; and that all three (with other members of the crew) had been ashore at Durban but that the three had spent their time ashore separately-Inference to be drawn-Balance of probability-Proof -Award of learned arbitrator in favour of dependants of deceased steward-Whether arbitrator's decision was based on mere conjecture-Appeal by shipowners.