LARRINAGA STEAMSHIP COMPANY, LTD. v. THE CROWN. [THE "RAMON DE LARRINAGA."]

(1943) 77 Ll L Rep 102

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice MacKinnon and Lord Justice du Parcq.

Charter-party-Warlike operations-"Complying with" charterers' orders-Stranding -Requisition of petitioners' steamship under T.99 A-Owners to be indemnified by charterers in respect of loss arising from the consequence of warlike operations, also in respect of liabilities arising from master's compliance with charterers' orders as regards "employment, agency, or other arrangements"-Ship employed on carriage of war stores-Notification given by Crown that upon completion of voyage to St. Nazaire, she would be released from Government service -Discharge completed at St. Nazaire- Orders given by dock officer (charterers' agent) that ship should leave dock immediately-Evidence given by ship's officer that he expressed his opinion to the dock officer that it would be unsafe to leave port in the prevailing weather, and that he complied with such orders contrary to his better judgment-Rough weather experienced on leaving port-Ship anchored on advice of pilot-Endeavour to return to St. Nazaire-Stranding- Petition of right brought by owners claiming damages on basis that stranding occurred (1) as a consequence of the warlike operation on which the ship was engaged; (2) as a consequence of compliance with the charterers' orders "as regards employment, agency, or other arrangements" - Dominant cause of stranding.