MARIS AND ANOTHER v. LONDON ASSURANCE.

(1935) 51 Ll L Rep 158

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon, sitting with Captain A. H. Ryley as Nautical Assessor.

Marine insurance-Loss-Sinking of Greek vessel at night after striking submerged rock off the island of Brusnik, in the Adriatic Sea-Claim by plaintiff shipowners (master and first mate of vessel)-Contention by underwriters that vessel was wilfully cast away- Plaintiffs' financial circumstances- Careless navigation of vessel in fine weather and smooth sea-Vessel abandoned soon after striking rock-Captain and crew saved-Chart and official log brought away-Submerged rock not marked on chart-No evidence of previous preparation or that master or crew brought away more than the barest belongings-Onus of proof-