GRAUDS v. DEARSLEY.

(1935) 51 Ll L Rep 203

KING'S BENCH DIVISION.

Before Mr. Justice Talbot, sitting with an Assessor (Mr. John McLaren).

Marine insurance-Loss-Sinking of Latvian vessel in Bay of Biscay- Claim by plaintiff that vessel sank "as the result of an explosion on board and/or by reason of the fracture or failure of the sea connections of the port boiler blowdown pipe and/or by reason of the fracture or failure of the said pipe"-Defence that vessel was wilfully cast away with the privity of the plaintiff or her husband (joined as co-plaintiff during the course of action) -Cause of loss-Evidence for plaintiffs that vessel sank from admission of water through opening in her side caused by damage to cock and appurtenances connecting blowdown pipe of port boiler with sea; that such damage was due to striking a floating object some days before loss; that there being a leak in the condenser the chief engineer opened the cock and valve of pipe and that an explosion followed, with an inrush of water; and that there was an excess of steam preventing steps being taken to save the vessel- Distress signals sent out and vessel abandoned immediately-Sinking of vessel over three hours later-Evidence of sinking and of weather conditions; of commercial integrity and financial stability of male plaintiff; of the absence of communication between

the plaintiffs and crew for a considerable period before the loss; and that the original plaintiff was the registered owner of the vessel but that the management and full control was in her husband's (co-plaintiff's) hands- Alternative claim by plaintiffs for loss by barratry-Absence of motive of officers and crew-Onus of proof.