YORKSHIRE DALE STEAMSHIP COMPANY, LTD. v. MINISTER OF WAR TRANSPORT.

(1941) 70 Ll L Rep 236

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice Luxmoore.

Insurance (marine or war)-Stranding of requisitioned vessel admittedly engaged on warlike operation - Damage to vessel - Vessel in convoy following course ordered by commodore-Position in convoy lost - Stranding - Claim against Crown (which assumed risks excluded by f.c. & s. clause)-Onus of proof-Finding of arbitrator that there was an unexpected and unexplained tidal set carrying vessel some miles off her course; and that the stranding was not due to negligence of those on board -Award that damage was a direct consequence of warlike operation- Case stated.