STANDARD OIL COMPANY OF NEW JERSEY v. UNITED STATES. [THE "JOHN WORTHINGTON."]*

[1951] 2 Lloyd's Rep. 36

SUPREME COURT OF THEUNITED STATES.

Before Vinson, C.J., Black, Reed, Frankfurter, Douglas, Jackson, Burton, Clark and Minton, JJ.

Insurance - Marine or war - Warlike operations - Negligent navigation - Collision between U.S. steamship John Worthington (under charter to U.S. Government) and U.S. mine-sweeper YMS-12 in approaches to New York Harbour - Damage to mine-sweeper - Collision admittedly due to negligent navigation by both vessels - Provision in charter-party 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 a 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 mine-sweeper - Dominant and effective cause - Onus of proof - American and British cases reviewed - "Rule of conformity."