PICTORIAL MACHINERY, LTD. v. NICOLLS.

(1940) 67 Ll.L.Rep. 461

KING'S BENCH DIVISION.

Before Mr. Justice Humphreys.

Insurance-Public Liability Policy-Negligence of employee of assured - "All reasonable safeguards and precautions against accident" - Two bottles of acetone (very inflammable liquid) supplied by assured to W. - Bottles delivered by youth, one being carried under each arm-One dropped on W.'s premises, causing fire and resulting in third-party claims against assured - Right of assured to indemnity under policy-Schedule of policy describing place at which assured's business carried on as their business address "and/or elsewhere where assured's employees may be working"-Condition 8: "The assured shall and will at all times exercise reasonable care in seeing that the ways, implements, plant, machinery and appliances used in his (their) business are substantial and sound, and in proper order, and fit for the purposes for which they are used, and that all reasonable safeguards and precautions against accident are provided and used"-Whether a condition precedent to liability-Alleged failure to take reasonable precautions against accident in that the bottles were not carried in a container-Evidence as to practice of trade.