UNITED STATES v. STANDARD OIL COMPANY OF NEW JERSEY.

(1949) 83 Ll.L.Rep. 240

UNITED STATES. COURT OF APPEALS FOR THE SECOND CIRCUIT.

Before Circuit Judges Augustus N. Hand, Chase and Clark.

Insurance - Marine or war - Warlike operations - Negligent navigation - Collision between U.S. steamship John Worthington (under charter to U.S. Government) and U.S. minesweeper YMS-12 in approaches to New York Harbour - Damage to minesweeper - Collision admittedly due to negligent navigation by both vessels-Provision in charter that United States should provide "a standard hull war risk policy of the War Shipping Administration" and that shipowners should assume or insure against all other risks -Claim for half damages brought by U.S. against owners of John Worthington - Cross-claim by owners of John Worthington alleging that collision was consequence of hostilities or warlike operations and that they were accordingly entitled to recover from U.S. as war risk insurer the amount recoverable from them by U.S. as owner of minesweeper - Decision of District Court that collision was a consequence of the warlike operation on which the minesweeper was engaged and that owners of John Worthington were entitled to judgment on claim and cross-claim - Appeal by U.S. - Dominant and effective cause-Onus of proof - American and British cases reviewed-"Rule of conformity."