TAYLOR v. THAMES CHARTERS, LTD.

(1949) 83 Ll.L.Rep. 289

KING'S BENCH DIVISION.

Before Mr. Justice Croom-Johnson.

Contract-Hire of named motor cruiser- Warranty by owners ("motor cruiser hire specialists") as to fitness-Absence of fire-fighting equipment - Fire on board - Hirer injured - Damage to cruiser and equipment - Defendants' motor cruiser hired by plaintiff for cruise on River Thames - Vessel equipped with necessary furniture, utensils, etc.-Flaring up of Primus stove (part of equipment supplied) during use for cooking purposes- Plaintiff, unable to extinguish fire, burned in attempting to throw stove overboard-Damage to cruiser-Claim brought by plaintiff alleging breach of express or implied warranty by defendants that vessel was properly equipped and fit for the purpose for which it was hired-Chemical fire-extinguisher on board admittedly empty-Dispute as to whether vessel was equipped with sand -Plaintiff's attention not specifically called to presence of sand or its whereabouts -Evidence of search made after fire - Failure to discover any sand - Breach of condition contained in licence issued in accordance with Thames Motor Launch By-laws, 1926-Counterclaim by defendants in respect of damage to vessel and equipment.