PICKFORDS, LTD. v. PERMA PRODUCTS, LTD.

(1946) 80 Ll.L.Rep. 513

KING'S BENCH DIVISION.

Before Mr. Justice Hilbery.

Carrier - Loss of motor lorry by fire - Measure of damages - Indemnity agreement - Construction - Carriage of defendants' highly inflammable goods in plaintiffs' lorry - Agreement by defendants to indemnify plaintiffs "against all loss damage or injury arising out of the carriage of such dangerous goods" - Twin tyres punctured during journey - Evidence that deflation was likely to set up additional friction in tyres, resulting in heating and possibly in combustion - Examination of tyres by driver (employed by plaintiffs) - Lorry left by driver for purpose of telephoning his employers for spares - Lorry and defendants' goods burnt out during absence - Whether driver negligent in leaving lorry - Right of plaintiffs to indemnity - Measure of indemnity - Claim by plaintiffs for (1) market value of lorry; (2) loss of earnings.