CLAN LINE STEAMERS, LTD. v. BOARD OF TRADE.

(1928) 31 Ll.L.Rep. 329

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Lawrence and Lord Justice Greer.

Charter-party-T.99-Requisitioned ship - Loss of C M by collision with W F- Whether marine or war risk-Finding of arbitrator, that C M was not engaged on warlike operation, upheld by Judge- Admission that W F was engaged on warlike operation-Proximate cause of loss-Sudden sheering of C M across bows of W F-Defective steering gear- Absence of negligence on part of W F- Finding by learned Judge that loss was due to fortuitous motion of C M and that it was not in consequence of a warlike operation-Appeal, by a majority, dismissed.