MATTHEWS v. JONES AND ANOTHER. (THE "HAPPY DAYS.")

(1934) 49 Ll L Rep 383

ADMIRALTY DIVISION.

Before Mr. Justice Langton.

Ship-Hire of motor boat for week's cruise on Norfolk Broads-Loss by fire- Claim by owner against hirer for damages (1) for breach of contract; (2) for negligence-Counterclaim by hirer for lost effects-Contention that vessel was unseaworthy-Grounding of vessel during cruise-Boat left by hirer in charge of local pilot-Engines started by pilot, immediately followed by fire-Whether evidence of negligence -Dispute as to terms of hire-Whether hirer bound by following terms contained in Illustrated Yachting Guide; "Any craft let without attendant makes the hirer fully responsible for any damage or defect, if any, during the period of hire"-Evidence that hirer stated that he was dissatisfied with vessel; that he consequently accepted no responsibility far what might happen to the boat; and that he was assured by the owner's agent that he (the hirer) was relieved of any liability by the terms of an insurance policy which he had taken out at owner's request.