WHARTON (SHIPPING), LTD. v. MORTLEMAN AND OTHERS.

(1941) 70 Ll L Rep 56

COURT OF APPEAL.

Before Lord Justice MacKinnon, Lord Justice Luxmoore and Mr. Justice Stable.

Insurance-Marine or war risk-Collision -Loss of plaintiffs' vessel Brendonia- Brendonia, at anchor, run into and sunk by steamer Alderpool under charter to Government - Brendonia showing her anchor light-Alderpool, sailing without lights, preparing to anchor-Alderpool bound to Southampton for orders - Intention of Government to employ her for transport of army equipment to war base-Master unaware of purpose for which she would be used-Whether Alderpool engaged in warlike operation at time of collision- Claim brought by plaintiffs against marine risk underwriters - Denial of liability - Contention that war risk underwriters were liable - War risk underwriters joined as co-defendants.