BAXENDALE v. FANE. [THE "LAPWING."]

(1940) 66 Ll.L.Rep. 174

ADMIRALTY DIVISION.

Before Mr. Justice Hodson.

Marine insurance-Peril of the sea- Stranding - Negligent docking of plaintiff's yacht-Arrangements made by plaintiff for ship-repairing company to move yacht from Southwick to company's slipway at Shoreham for cleaning and repairs-Manager of company in charge of yacht during voyage and docking - Obstruction in slipway - Yacht seriously strained-Obstruction removed-Vessel undocked and redocked - Further damage sustained owing to uneven nature of slipway- Cause of damage-Right of recovery under marine insurance policy-Meaning of "perils of the sea"-Policy subject to Institute Yacht Clauses providing that "This insurance also specially to cover . . . loss of or damage to hull or machinery directly caused by . . . negligence of master, mariners, engineers or pilots" - Measure of recovery - Merchant Shipping Act, 1894, Sect. 742.