Canada Rice Mills Ltd v Union Marine and General Insurance Co Ltd

Subject Matter

INSURANCE — Canada (british columbia) — Insurance (Marine) — Cargo of rice — Damaged by heat caused by closing of ventilation during voyage — Closing of ventilators the proximate cause of the damage — Weather and sea while ventilators closed such as to constitute a “peril of the sea” — Loss due to peril of the sea — Marine Insurance Act, R. S. B. C., 1936, c. 134, s. 57; Sched. Rule 7 — Inference of fact by Appeal Court — Rules of the Supreme Court, Order LVIII., r. 4.

[1941] AC 55; 67 Ll L Rep 549; [1940 4 All ER 169, PC