BANK OF ATHENS v. ROYAL EXCHANGE ASSURANCE. (THE "EFTYCHIA.")

(1937) 57 Ll.L.Rep. 37

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Marine insurance-Scuttling-Stranding of Greek steamship Eftychia off Cape San Vito, Sicily-Claim by mortgagees to recover as for constructive total loss -Defence: that vessel was intentionally stranded by her master with the connivance of her owner-Onus of proof-Circumstances of casualty- Evidence of master that the stranding was due to error in navigation- Master's knowledge of position of shoal on which vessel stranded-Gross error in estimation of distance from Cape San Vito lighthouse-Misstatement of ship's draught by master to salvors, causing delay in refloating- Evidence of owner's financial embarrassment -Indebtedness to mortgagees -Owner's untruthful evidence in witness-box-Evidence that running of vessel had been an unprofitable enterprise.