ROSEN v. "QUERCUS" (OWNERS).

(1933) 45 Ll.L.Rep. 85

HOUSE OF LORDS.

Before Lord Buckmaster, Lord Warrington of Clyffe, Lord Tomlin, Lord Russell of Killowen and Lord Wright.

Workmen's compensation - Unexplained 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 - Discretion of learned County Court Judge-Finding that as the seaman was off duty at the time of the accident, and there being no positive evidence that the accident occurred in the discharge of some duty owed to his employers, the inference must be drawn that the accident could not have arisen out of the seaman's employment