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Aviation History
1920
1920 - 0140.PDF
LEGAL INTELLIGENCE Aeroplane Insurance IN the case of Dunn and another v. Campbell and others, which was heard before Mr. Justice Roche, in the King's Bench Division on Monday and Tuesday, the administrator of the estate of Capt. Dunn, who was killed" in an aeroplane accident, and the builder of the Tarrant aeroplane claimed ^4,000 under a policy of insurance. After the hearing of evidence Mr. Compston, for the defendants, submitted that on the evidence the warranty had been made out. The defendants would not insure the first flight in any circumstances, and they would not insure the machine for anything after the first flight unless Messrs. Ogilvie had certified it as safe. The wording of the insurance policy that the assured should be covered for three months " from the time of the first flight," must mean that the first flight itself was excluded. Further, he submitted that in any event the trial which was taking place at the time of the accident was not, and was not intended to be, a flight, and consequently would not come within the policy at all, however the policy was construed. Further, this was an accident policy and must be taken to embody all the ordinary clauses of an accident policy, and one of those clauses which was always understood was that the insured must not expose himself to ; unusual danger ; and Capt. Dunn here exposed himself to undue risk in working a machine which competent opinion had pronounced to be unsafe. Mr. Wright, in reply, submitted that the contract was complete when the slip was signed accepting the proposal, and nothing more could be read into the policy. MT. Justice Roche, after reviewing the facts, said that the contract was contained in the proposal and slip. Four defences were raised. First, it was said that the contract was subject to a warranty that a flight would not take place unless the machine was passed by Messrs. Ogilvie as safe. It was true that Messrs. Ogilvie were not satisfied, though other gentlemen representing the Government were satisfied. He was not required to find which of those parties, both of them highly competent, was right. He had no hesitation in finding that the alleged warranty was not part of the contract. It was really a question of the intention of the parties, and he was satisfied that Mr. Barber never had in- tended to make this condition a part of the contract; other- wise the condition would certainly have been inserted in the proposal or the slip. Secondly, it was said that the first flight of the machine was excluded, but he felt that the natural construction of the phrase in the policy " from the time of the first flight," was that it included the first flight and dated from the be-: ginning of it. He found, therefore, that the policy included 'the first flight. Thirdly, it was said that the trial was not a flight at all: but, on the evidence, he thought that there could be no doubt that Capt. Dunn was trying to take the air. He might have thought that matters were going so favourably that he had better there and then begin to fly without stopping to disembark Grossart, or he might have found that he was obliged to rise as his speed had become too great. Lastly, it was said that the policy did not cover death by exposure to exceptional danger or by Capt. Dunn's own negligence. But that depended on the fact that a condition t& that effect was inserted in the policy which was not drawn up until long after the accident. No term of the kind appeared in the proposal or slip, and he could not accept the sug- gestion that it formed part of the contract. There must, therefore, be judgment for the plaintiff exe- cutor, with costs, but without interest. A stay of execution was granted on condition that if the appeal failed interest at 6 per cent, would be paid. - "Dunn and Others v. Campbell and Others" Messrs. DOWNING, HANDCOCK, MIDDLETON AND LEWIS write to us as follows :— OUR clients, the Aviation and General Insurance Co., Ltd., of 56, St. James Street, S.W. 1, have had numerous cuttings from papers sent to them with regard to the above action which is now being tried in the High Court in con- nection with the Tarrant triplane accident. These cuttings have been sent apparently on the assumption that our clients were interested as insurers. Our clients are in no way interested, or in any way concerned in the action that has been brought. They effected no insurance on this triplane or on any of the lives of those on board. We shall be much obliged if yon will publish this letter. 22, Great St. Helens, E.C. 3, January 27. JANUARY 29, 1920 The B.R. Engine THE Royal Commission on Awards to Inventors, Mr. Justice Sargant presiding, further heard the claim by Capt. Bentley in respect of the B.R. engine. The claim was partly heard last December. The Attorney-General said that a sum of £107,000 was involved in this claim respecting the B.R. 1 and B.R. 2 engines. These engines were of very substantial utility, but any claim that they were a determining factor in British air supremacy was who'lly illusory. At the time of the Armistice the fighting machines at the front were fitted with 65 per cent, of other engines. The Air Department recognised the valuable work and great zeal of Capt. Bentley, and he would not for one moment suggest that there should not be granted to him a reasonable sum. The Chairman said that the Commission would consider their award. :i .:. " ,.. H H H H -".>.'- NEW COMPANY REGISTERED ORIENTAL MERCANTILE AIR NAVIGATION, LTD.—Capital, £225,000, in £1 shares. Manufacturers of and dealers in aircraft, etc. Under agreement with the I.A.C. Syndicate. Ltd. Solicitors : Corbould-Ellis and Co., 1, Church Court, Clement's Lane, E.C. E M H HI AERONAUTICAL PATENTS PUBLISHED Abbreviations:—cyl. = cylinder ; I.C. = internal combustion ; m. = motors APPLIED FOR IN 1915 Published January 29, 1920 17,066. F. HANDLEY PAGE. Mounting of wings of aircraft. APPLIED FOR IN 1918 The numbers in brackets are those under which the Specifications will be printed and abridged, etc. Published January 29, 1920 5,321. C. J. H. MACKENZIE-KENNEDY and E. A. VESSEY. Power plant for aircraft. (137,078.) 14,674. H. TOLPUTT. Aircraft. (137,082.) APPLIED FOR IN 1919 The numbers in brackets are those under which the Specifications will be printed and abridged, etc. Published January 29, 1920 8,329. VICKERS, LTD., and SIR J. MCKKCHNIE. Metal spars or built-up girders. (137,197.) 14,744. A. P. JAMES. Topping-valves for balloons. (i37,235-) 19.795- A. H. POLLEN and H. F. LANSTAD. Navigating instruments for aircraft. (137,257.) If you require anything pertaining to aviation, study "FLIGHT'S" Buyers' Guide.and Trade Directory, which appears in our advertisement pages each week (see pages, xli, xlii, xliii and xliv). All NOTICE TO ADVERTISERS Advertisement Copy and. Blocks must be delivered at the Offices of " FLIGHT," 36, Great Queen Street, Kings way, W.C. 2, not later than 12 o'clock on Saturday in each week for the following week's issue. • .- "r -"_ FLIGHT The Aircraft Engineer and Airships $6, GREAT QUEEN STREET, KINGSWAY, W.C. 2. Telegraphic address: Truditur, Westcent, London. Telephone: Gerrard 1828. SUBSCRIPTION RATES "FLIGHT" will be forwarded, post free, at the following rates:— UNITED KINGDOM j ABROAD* s.d.l ' t. i. 3 Months, Post Free.. 713 Months, Post Free.. S 3 6 ,. „ .. 14 1 j 6 „ „ .. 16 6 12 .. .. .. 28 2 12 „ „ •• 33 ° These rates are subject to any alteration found necessary under war conditions. • European subscriptions must be remitted in British currency. Cheques and Post Office Orders should be made payable to the Proprietors of " FLIGHT," 36, Great Queen Street, Kingsway, W.C. 2, and crossed London County and Westminster Batik, otherwise no responsibility will be accepted. Should any difficulty 6e experienced in procuring " FLIGHT " from local newsvendors, intending readers can obtain each issue direct from the Publishing Office, by forwarding remittance 0* above. I40
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