CANADA RICE MILLS, LTD. v. UNION MARINE & GENERAL INSURANCE COMPANY, LTD.

(1940) 67 Ll.L.Rep. 549

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Viscount Simon (Lord Chancellor), Viscount Maugham, Lord Russell of Killowen, Lord Wright and Lord Porter.

Marine insurance-Perils of the seas- Damage to cargo of rice-Overheating due to closing of ventilators during voyage-Ventilators closed owing to bad weather-Claim under policy covering perils of the seas and "all other perils losses and misfortunes that have or shall come to the hurt detriment or damage of the subject-matter of the insurance"-Trial before Judge and jury-Specific questions put to jury-Findings that the closing of the ventilators was the proximate cause of the damage and that the weather and sea during the time the ventilators were closed was such as to constitute a peril of the sea-Omission to ask jury whether the peril of the sea was the cause of the closing of the ventilators - Judgment entered for assured-Appeal by insurers allowed by Court of Appeal for British Columbia on grounds (1) that there was no evidence of perils of the seas; (2) that if there were, that the proximate cause of the damage was not those perils but the closing of the ventilators-Inferences to be drawn from jury's findings-Meaning of "perils of the seas"-Causa proxima- R.S.C. Order 58, r. 4.