N. E. NETER & CO., LTD. v. LICENSES & GENERAL INSURANCE CO., LTD.

(1943) 77 Ll L Rep 202

KING'S BENCH DIVISION.

Before Mr. Justice Tucker.

Marine insurance-Perils of the sea-Damage to cargo-Onus of proof-Plaintiffs' cargo of china clay shipped from Fowey via Liverpool to Bombay-Staining damage discovered after discharge-Contact with dye-stuff shipped in casks in same hold- Casks stove in-Heavy, though normal, weather on voyage-Claim by plaintiffs under defendants' policy covering perils of the seas-Inferences to be drawn from facts-Whether evidence established that casks were stove in as result of heavy weather-Plea by defendants that in any event damage so caused was not loss due to sea perils-Proximate cause.