THEODOROU v. CHESTER.

[1951] 1 Lloyd's Rep. 204

KING'S BENCH DIVISION.

Before Mr. Justice Croom-Johnson.

Marine insurance - All risks - Damage to cargo-Dispute as to cause-Accidental or normal transit risks-Onus of proof - Consecutive "all risks" policies issued by defendant underwriter in respect of plaintiff's consignment of bleached sponges shipped for sale from London to New York in June, 1947, and subsequently (no sale having been effected) from New York to London in April, 1949-Goods covered against "all risks of loss and/or damage however arising, irrespective of percentage . . ." - Meaning of "all risks" - Sponges tightly packed in wooden cases or in bales wrapped in hessian - Inspection made by plaintiff in June, 1949, after return of goods to London - Claim immediately made upon underwriters in respect of shortages and damage - Shortage not disputed - Dispute as to damage and as to its cause-Allegation by plaintiff that goods were stained by water, dirt, paint and other substances penetrating the hessian and the cases-Contention by defendant that damage was due to normal transit risks of dust and dirt combined with atmospheric moisture- Evidence that sponges were in good condition up to the time they left New York-Surveys made on behalf of both parties - Effect of atmospheric humidity-Conflict of expert evidence -Onus upon plaintiff to disprove defendant's theories as to cause of damage-Measure of damage.