BANK OF ATHENS v. ROYAL EXCHANGE ASSURANCE. (THE "EFTYCHIA.")

(1937) 59 L1.L.Rep. 67

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Slesser and Lord Justice Scott.

Marine insurance-Scuttling-Stranding of Greek steamship Eftychia off Cape San Vito, Sicily-Claim by mortgagees to recover as for constructive total loss-Defence: that vessel was intentionally stranded by her master with the connivance of her owner-Onus of proof-Circumstances of casualty-Evidence of master that stranding was due to error in navigation-Master's knowledge of position of shoal on which vessel stranded-Inference to be drawn from circumstances of stranding-Gross error in estimation of distance from Cape San Vito lighthouse-Complicity of owner - Motive - Evidence of owner's financial embarrassment -Indebtedness to mortgagees - Owner's unsatisfactory demeanour in witness-box-Evidence that running of vessel had been an unprofitable enterprise.