ROSEN v. "QUERCUS" (OWNERS)

(1932) 42 Ll L Rep 45

COURT OF APPEAL.

Before Lord Hanworth (Master of the Rolls), Lord Justice Slesser and Lord Justice Romer.

Workmen's compensation - Unerplained accident - Accident to seaman arising "in the course of" his employment- Seaman, off duty, sleeping on deck- Found drowned next morning - Whether accident arose "out of" his employment-Onus of proof-Finding of learned County Court Judge: "I cannot, in my view, draw the inference from the facts in evidence before me that his employment brought him within or allowed him to be within proximity of a peril to which his death may be properly ascribed, nor what the evidence establishes that he was properly in a place to which some particular risk attaches and that an accident happened capable of explanation solely by reference to that risk"