BAIN v. MOSS HUTCHISON LINE, LTD.*

(1947) 81 Ll L Rep 515

KING'S BENCH DIVISION.

Before Mr. Justice Birkett.

Evidence - Admissibility - Statements by persons proposed to be called as witnesses -"Not reasonably practicable to secure attendance" - "Persons interested" - Outbreak of five on board defendants' steamship Esneh in Taranto Harbour, causing death of purser-Action brought by widow against shipowners - Alleged lack of warning system and fire-fighting system on board - Application by defendants to admit proof of evidence made after issue of writ by master and by second and third officers, whom it was impracticable to call - Whether personal interest limited to financial interest - Evidence Act, 1938, Sect. 1 (1), (2), (3)-Merchant Shipping Act, 1894, Sect. 470.