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In re Arbitration Between Polemis and Furness Withy & Co., Ltd.

Court of Appeal
3 K.B. 560 (1921)


The defendants charted a boat from the plaintiffs. The defendants were using the boat to transport petrol. When the boat left port, one of the defendants’ servants caused a heavy plank to fall, causing a spark, which lit the petrol, which caused an explosion and the destruction of the boat. The plaintiffs brought suit for negligence. The trial court found in favor of the plaintiffs. The case was referred to arbitration and the arbitrators found that the damage to the boat was not reasonably foreseeable, but was caused by the defendants’ servant’s negligence. The defendants appealed.

Rule of Law


Holding and Reasoning (Bankes and Scutton, L.J.J.)

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