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

(1942) 73 Ll.L.Rep. 1

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Lord Atkin, Lord Macmillan, Lord Wright and Lord Porter.

Insurance (marine or war)-Stranding of requisitioned vessel admittedly engaged on warlike operation-Damage to vessels- Vessel in convoy following zigzag course ordered by commodore-Alteration of course (to avoid what was thought to be enemy submarine) under orders of 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 the course set for the convoy appeared to be a safe one and was accurately followed by the vessel but 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 the warlike operation on which the vessel was engaged-Case stated.