Wilfully Cast Away at Instigation of Owner The Court of Appeal recently decided that Mr. Justice Bronson was right in finding that the Greek steamship Eftychia was deliberately stranded off Cape San Vita, Sicily, in 932, by her master at the instigation of her owner, Mr. Georgios Vergottis, a Greek subject, states the "Daily Telegraph and Morning Post."
The address of the owner, a director of Vergottis Ltd., shipbrok ers, of Camomile Street, E.C, was given as Chiltern Court, London, N.W.
Mr, Justice Bronson gave his decision on a preliminary point in an action brought it the King's Bench Division by the Bank of Athens against the Royal Exchange Assurance, with whom the Eftychia was insured for £1,500 out of a total insurance of £30,000, The bank held a mortgage on the Ettychia, The ship was refloated, but the bank based its claim against the underwriters on the ground that the vessel was a constructive total loss, The contention of the underwriters was that the stranding w: deliberate The hearing lasted The Judgment Lord Justice Greer, giving judg ment, said that in some respects he thought Mr, Justice Bronson misconceived some of the evidence. and that scme of the reasons he gave for disbelieving the evidence of the master and Mr. Vergottis were not to b relied on But they could not escape consideration of the fact that the judge found that the ship was wilfully cast sway at the instigation of the owner, efter seeing and hearing the witnesses and hearing all the arguments.
It was impossible for the Court of Appeal. he said, not having seen Mr. Vergottis in the box, to say that she judge was wrong in the view he took of the evidence of Mr. Vergottis.
There wi ple material on which he was entitled to come to the conclusion that Mr. Vergottis was sayi that which was not true.
With considerable reluctance, he added, he had come to the conclusion that the court could not interfere with Mr. Justice Branson's decision, and the appeal would be dismissed. with costs.
Lords Justices Slesser and Scott concurred. Leave House of Lords w: to appeal to the refused. place in popular festivals and s. of which in the friendly lage of Beesel-on-the-Maas we find to this day a very pure example.
Text read from the printed page and cleaned; old type leaves the occasional error.