LIND v. MITCHELL.

(1928) 32 Ll L Rep 70

COURT OF APPEAL.

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

Marine insurance-Loss of ship-Claim by assured (mortgagee)-Ship holed by ice, set on fire and abandoned by master - Suspicious circumstances - Absence of evidence of motive fraudulently to destroy ship-Finding that vessel was damaged by peril insured against but that she was prematurely abandoned - Negligence of master resulting in continuing action of previously existing peril of the sea- Right of assured to recover-Samuel v. Dumas, 18 Ll.L.Rep. 211, distinguished -Marine Insurance Act, 1906, Sects. 55 (2) (a), 60, 78 (4)-Judgment for assured-Appeal dismissed.