DECISION: Action dismissed.
HELD: If it is was known that the vessel was seaworthy when she set out and she disappeared with crew, then on the balance of probabilities she must have sunk, and on the balance of probabilities the sinking must have been due to the perils of the sea. If the vessel is not shown to be seaworthy when she left on her last voyage, the presumption does not apply since it cannot be held on the balance of probabilities that her presumed sinking was due to perils of the sea rather than to her unseaworthy condition. The plaintiff was unable to prove on a balance of probabilities that the vessel was seaworthy when she set out on her last voyage. The court dismissed the action on this point, but went on to consider the defendant's other claims.