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BOWERS (MAGHULL), LTD. v. MORTON AND ANOTHER.

(1940) 67 Ll.L.Rep. 1

Insurance broker-Repairs to insured car- Policy effected with E. M. Society by appellant insurance broker on behalf of S.-Collision with another car insured with E. S. Co.-Car belonging to S. placed with respondent garage proprietors for repair-Agreement by E. S. Co. to pay for repairs-Letter sent by appellant to respondents: "With reference to the repairs you are carrying out to Mr. T. R. Shaw's car I shall be glad if you will release this car when the repairs are completed and obtain a satisfaction note from my insured and send same to me together with your account for the repairs when they will receive my immediate attention" -S. paid direct by E. S. Co.- Default by S.-Liability of appellant to respondents for cost of repairs- Ambiguity.

MEDD v. COX.

(1940) 67 Ll.L.Rep. 5

Sale of ship-Misrepresentation-Description -Sale of motor launch by defendant (on behalf of W.) to plaintiff-Launch described as having "new Morris Navigator engine," as being in "exceptional condition," and as having "originally cost over £1000"-Vessel found upon inspection to be in very bad condition - Claim by plaintiff for damages for fraud-Decision of Greaves-Lord, J., that the vessel had been sold under a fraudulent misrepresentation of fact and that the plaintiff was entitled as damages to the price paid (£132)-Appeal by defendant- Proof necessary to sustain allegation of fraud-Proper course for Court of Appeal to pursue where learned Judge has misdirected himself on question of law-Measure of damage.

THE "PREMUDA."

(1940) 67 Ll.L.Rep. 9

Salvage or towage-Services rendered by plaintiffs' tugs Badia and Persia to Italian steamship Premuda-Premuda taken in tow by plaintiff' tugs and another vessel and taken from the Downs to Purfleet-Premuda in leaky condition and without means of steering, having been refloated and twice beached after grounding on the Goodwin Sands-Lloyd's Standard Form of Salvage Agreement entered into between captain of Premuda and Admiralty Salvage Department - Agreement by Admiralty to salve and tow to London -Admiralty tugs not available-Plaintiffs approached by Admiralty to supply tugs-Tugs supplied by plaintiffs- Contention by owners of Premuda that towage by plaintiffs' tugs was carried out in pursuance of towage agreement between Admiralty and plaintiffs- Values-Restrictions upon trading- Nature of towage.

WESSELY v. ROSENBERG, LOEWE & CO. SUCCESSORS, LTD.

(1940) 67 Ll.L.Rep. 16

Forwarding agents-Negligence-Instructions given by plaintiffs to defendant forwarding agents authorising them to collect and deliver package on arrival by steamship in London-Package containing bag of jewellery and counting machine (which was dutiable)- Clearance refused by Customs Officer until value of machine declared-Delay by plaintiffs in supplying information as to value-Further delay by defendants in collecting package-Jewellery, on collection of package, found to have disappeared-Liability of defendants.

CLAYDON v. DARLING BROS., LTD.

(1940) 67 Ll.L.Rep. 20

Negligence-Barge-Personal injuries sustained by plaintiff driller engaged on repair work to steamship Almeda Star in Royal Victoria Dock-Plaintiff on staging at side of ship 6 ft. above water line-Defendants' empty dumb barge being manoeuvred by bargeman across dock to Royal Albert Dock-Barge equipped with oar and hitcher but no fender-Oar lost during journey across dock-Drift of barge on to staging in spite of bargeman's endeavour to fend himself off with hitcher-Attempt by plaintiff to jump on to barge-Leg crushed-Alleged contributory negligence of plaintiff.

HOWARD FARROW, LTD. v. OCEAN ACCIDENT & GUARANTEE CORPORATION, LTD.

(1940) 67 Ll.L.Rep. 27

Insurance-Flood-Accidental damage to property-Claimant contractors engaged in construction of culvert in and over stream-Negligence of claimants' workmen in allowing planks to obstruct grating in stream, resulting in overflow and causing damage to properties of H. Co. and D.- Action brought by H. Co. and D.- settled on terms that claimants should pay damages-Right of claimants to be indemnified by respondent insurance company under policy covering "accidental damage to property happening in the course of the business" -Exception clause in policy providing that indemnity should not apply to or include "Liability in respect of injury or damage caused by or in connection with or arising from . . . flood"-Arbitration-Case stated- Claimants' contention that although admittedly the damage was due to flood, the flood was the result of the negligence of their workmen, and that accordingly they were entitled to indemnity.

THE "GREGALIA."

(1940) 67 Ll.L.Rep. 33

Collision-River-Port to port passing- Collision in River Clyde between steamship Mandalay, with tug forward and astern, bound up, and steamship Gregalia, with tug forward, bound down-Flood tide-Vessels sighted by each other at about 2000 ft.-Gregalia navigating slightly to the north of mid-channel; Mandalay, having taken a sheer to the north of mid-channel, manoeuvring with the help of her forward tug to regain her own water to the south-Porting by Gregalia in endeavour to pass Mandalay starboard to starboard-Port and starboard helm signals exchanged - Contention by Gregalia that a dredger was blocking the northern half of mid-channel and that she (the Gregalia) was forced to navigate to the south of mid-channel -Dispute as to positions of vessels prior to and at collision- Respective duties of vessels under local by-laws-"14. When steam vessels proceeding in opposite directions are approaching one another, each shall, when within fifty yards of the other, slow her engines, and each shall alter her course to starboard, so that each shall pass on the port side of each other"-River Clyde By-laws, Rules 14, 19-Collision Regulations, Art. 25.

ENGLISH v. WESTERN.

(1940) 67 Ll.L.Rep. 45

Motor insurance - "Member of the assured's household" - Accident - Personal injuries sustained by assured's sister, passenger in car- Claim by sister against assured- Right of assured to indemnity under policy-Both assured and sister living at home with father, being in receipt of allowance from him and paying nothing towards the household expenses -Exclusion of insurers' liability in respect of claims arising out of "Death of or injury to any member of the assured's household who is being carried in . . . the car otherwise than by reason of or in pursuance of a contract of employment"-Meaning of "household"-Ambiguity-Contra proferentes doctrine.

THE "LAPWING."

(1940) 67 Ll.L.Rep. 51

Collision-Starboard-hand rule-Collision in Sea Reach, River Thames, between motor barge Pudge, bound down, and steamship Lapwing, bound up-Vessels approaching starboard to starboard in northern half of mid-channel (Lapwing's water)-Starboarding by Pudge, followed by hard-a-starboarding by Lapwing-Porting by Pudge-Full astern by Lapwing-Contact between stem of Lapwing and starboard side of Pudge-Pudge sunk-Poor visibility- Whether speed of Lapwing excessive- Duty to sound fog signals-Port of London River, By-laws, 1938, Rule 38.

VRONDISSIS v. STEVENS.

(1940) 67 Ll.L.Rep. 55

Marine insurance - Freight - Vessel, on voyage from Kem to Hull, beached after striking reef in vicinity of Kem Reef-Right of recovery under freight policy on assumption that vessel was constructive total loss and that notice of abandonment had been given to hull underwriters-Freight policy "subject to the Institute Time Clauses (Freight) as attached hereto"-"In the event of total loss and/or constructive and/or arranged and/or compromised total loss of vessel, total loss and/or constructive total loss of freight arising therefrom is not recoverable hereunder" -Tests of commercial loss to be applied for purpose of establishing constructive total loss of vessel and loss of freight-Preliminary question for Court - Institute Time Clauses (Freight), Clauses 5, 6.

SAINT LINE, LTD. v. RICHARDSONS, WESTGARTH & CO., LTD.

(1940) 67 Ll.L.Rep. 62

Contract-Breach-Measure of damages- Sale by respondents of marine engines to be fitted in claimants' steamship- Installation of engines - Engines found after trials to be unsuitable- Contract terminated by claimants- Engines bought elsewhere, vessel being finally completed about three years after date of contract - Claim by shipowners (a) for loss of profit; (b) for wages, stores, etc.; (c) for superintendents' fees; (d) for cost of engines in excess of contract price-"(4) Should any defect in the material or workmanship be discovered during construction or within twelve months of the trial trip and unconnected with wear and tear or inefficiency, carelessness, neglect or default of engineers, such parts in which the defects are discovered will be replaced, or the defects remedied by the engine builders at their own works or at a cost equivalent thereto, but their liability does not extend to any loss or damage direct or indirect caused by the failure of such defective part or by the detention of ship, but only to the cost of the actual replacement or remedy of the part; and on and after the expiry of such twelve months, all claims upon, and all liability of the engine builders whatsoever, whether in respect of any breach of any part of this contract or of any failure to remedy defects, shall be absolutely unenforceable and at an end, nor shall their liability ever or in any case either before, during or subsequent to the expiration of the said period of twelve months extend to any indirect or consequential damages or claims whatsoever" - Arbitration - Consultative case stated by umpire at request of parties - Questions for opinion of Court: "(1) Whether the respondents are exempted from liability for any and if so which of the classes of damage claimed in Items 1, 2 and 3 . . . by reason of the terms of Clause 4 of the

contract . . . (2) Whether the respondents are exempted from liability for all or any of the heads of expense comprised [under the heads "wages, stores, &c.," and "superintendents' fees"] by reason of the terms of Clause 4 of the said contract . . . on the assumption that such heads of expense were (i) necessarily or (ii) not necessarily but reasonably incurred as a result of the respondents' admitted breaches of contract"-Meaning of "indirect" and "consequential" damages.

DENT AND OTHERS v. GLEN LINE, LTD. DENT AND ANOTHER v. SAME (CONSOLIDATED).

(1940) 67 Ll.L.Rep. 72

Bill of lading-"Apparent good order and condition" - Purchase by plaintiffs from Chinese shippers of "New crop groundnuts in shells. Hand picked selected. Packing: In bags"-Groundnuts delivered to ship in green and moist condition-Packed in dry bags- Knowledge of ship's agents of condition -Mate's receipts claused in accordance with condition-Bills of lading signed by ship's agents "in apparent good order and condition" under shippers' indemnity-Documents taken up and paid for by plaintiffs -Delivery of nuts in mouldy and deteriorated condition-Damages paid by plaintiffs to sub-buyers- Claim against shipowners-Estoppel -Allegation of fraud against ship's agents - Reasonable inspection by ship-Whether satisfied by knowledge that bags were dry-Further plea by shipowners that the words "apparent good order and condition" referred only to the question of external injury to the nuts and not to their suitability for shipment, and that the damage arose from inherent vice-Right of plaintiffs to reject nuts by reason of Clause 7 in the contract providing that "Should the goods on arrival not prove equal to above warranties . . . the goods . . . are to be taken with an allowance . . ."-Carriage of Goods by Sea Act, 1924, Schedule, Art. III (3) (c).

OFFICE APPLIANCE TRADES ASSOCIATION OF GREAT BRITAIN AND IRELAND v. ROYLANCE.

(1940) 67 Ll.L.Rep. 86

Insurance-Loss of expenses due to cancelment of exhibition-Policy issued to plaintiff business association by defendant underwriter covering "loss of expenses of the Association and its members . . . in the event of the Business Efficiency Exhibition . . . being cancelled or postponed . . . through a general parliamentary election, fire, explosion and/or any physical happening to the buildings and/or contents thereof, including any causes not within control of the assured, but which in the opinion of the executive committee of the assured is sufficient ground for cancelling or postponing the exhibition"-"Notwithstanding anything to the contrary contained herein this policy does not cover loss or damage directly or indirectly occasioned by, happening through or in consequence of war . . ." -Meeting of committee prior to outbreak of war deciding that "owing to the undoubted disturbance in business due to the fear of war, as well as to the loss of staff owing to mobilisation, it would be unwise to hold the exhibition"-Claim under policy.

THE "THAMES."

(1940) 67 Ll.L.Rep. 91

Limitation of liability-Hirer of barge- "Sole charge and management"- Barge hired by plaintiff in March, 1937-Continuous hire for 18 months- Cargo safely carried during that period-Cargo loaded on board in November, 1938, found to be damaged by water-Hole in chine angle through wasting - Claim by cargo-owners against plaintiff-Right of plaintiff to limitation-Barge hired on terms that barge-owners should not be liable for the consequences of any defect, whether patent or latent, existing at the time of hiring or subsequently appearing, and that hirers should satisfy themselves by examination as to seaworthiness and fitness in all respects for purpose for which barge required before taking possession-Further agreement that barge-owners should make good all damage to barge due to wear and tear- Limitation rights in respect of loss of or damage to goods on board a ship extended by Sect. 1 of the Merchant Shipping Act, 1921, to owner of barges, the expression "owner" to include "any hirer who has contracted to take over the sole charge and management thereof and is responsible for the navigation, manning and equipment thereof" provided loss or damage occurred without his actual fault or

privity - Whether plaintiff had "sole charge and management" of barge; if he had, whether loss or damage occurred without his actual fault or privity-Meaning of "management" -Evidence of periodical two-yearly inspections by owners.

THE "WATERLAND."

(1940) 67 Ll.L.Rep. 99

Collision - Convoy - Collision in North Sea between plaintiffs' steamship Corduff, in convoy, bound south, and defendants' steamship Waterland, bound north-Corduff the sternmost vessel in starboard column-Waterland, on slightly crossing course, navigated into middle of convoy-Attempt to get clear of convoy by porting back across bows of Corduff-Duty of Corduff- Helm action taken for purpose of keeping station - Contentions by Waterland that Corduff should have signalled her alteration of helm; that she should not have starboarded when it was apparent that the Waterland was porting; and that she was not keeping a good look-out. Collision - Practice - Evidence - Written statements of subsidiary witnesses- Time for mutual exchange of statements -Observations of learned Judge.

THE "GUSTY" AND THE "DANIEL M."

(1940) 67 Ll.L.Rep. 104

Collision-Double collision-Novus actus interveniens-Collision between first defendants' steam tug Gusty and second defendants' motor vessel Daniel M. in Greenwich Reach, River Thames-Gusty proceeding up river with laden petrol barge in tow- Daniel M. emerging from south side of river to get on to down-river heading- Contact between stem of Daniel M. and port side of Gusty-Gusty's side penetrated-Plaintiffs' motor launch Daphne, bound up river, rounded head to tide to go to assistance of Gusty, taking up a position off Gusty's starboard bow-Daniel M. backed out from hole in Gusty's side, Gusty coming ahead and colliding with Daphne - Admitted liability of Daniel M. for collision with Gusty-Whether Daniel M. liable for damage to Daphne-Respective duties of Daniel M. and Daphne-Duty owed by Daphne to render assistance- Whether a mere volunteer-Maritime Conventions Act, 1911, Sect. 6.

THE "AUSTRALIA STAR."

(1940) 67 Ll.L.Rep. 110

Bill of lading-Unseaworthiness-Damage to plaintiffs' cargo of frozen meat carried in No. 3 hold of defendants' motor vessel Australia Star - Meat shipped at Australian ports in apparent good order and condition and delivered in United Kingdom affected with fuel oil taint-Leakage in fuel oil tanks beneath No. 3 hold-Defective rivets and butts-Plea by defendants that defects arose by reason of heavy weather and collision on voyage-Duty of defendants to exercise due diligence to make vessel seaworthy and fit and safe for the reception, carriage and preservation of cargo-Standard to be applied - Evidence of periodical surveys by Lloyd's Register surveyors and of inspections by ship's officers- Australian Sea Carriage of Goods Act, 1924.

THE "ARGOS HILL."

(1940) 67 Ll.L.Rep. 120

Salvage-Officers and men of King's ship as salvors-Services rendered in heavy weather by steamship Corinthic and H.M. destroyer Keith to steamship Argos Hill in Atlantic Ocean-Disabled steering gear-Vessel first taken in tow by Corinthic and then by Keith-Total towage of 500 miles to Falmouth- Elements to be taken into account in estimating award to be made to naval personnel-Danger of enemy attack- Risk in making fast - Personal responsibility of captain - Claim sanctioned by Admiralty.

HEWETT v. QUICK DESPATCH, LTD., AND ANOTHER.

(1940) 67 Ll.L.Rep. 130

Landlord and tenant-Lease of F. Wharf by plaintiff to first defendants - Payment of rent guaranteed by second defendant-Claim by plaintiff for rent due - Contentions by defendants that lease was properly determined in accordance with provisions in lease; alternatively, that the agreement was frustrated - I. Ltd. (substantially under plaintiff's control) in possession of licence from Commissioners of Customs authorising discharge at F. Wharf of bricks and coke from abroad-Wharf leased by defendants for purpose of importing and storing foreign bricks - Clause in lease providing that "If at any time during the term hereby granted the facilities now permitted by the customs authorities to [I. Ltd.] for the use of the said wharf as a wharf shall be withdrawn from [I. Ltd.] or fail to be renewed to them . . . the tenant shall be entitled . . . to determine this lease" -Order issued by Board of Trade after outbreak of war prohibiting importation of bricks-Notice of termination of lease given by defendants-Right of defendants to determine lease.

TAYLOR AND ANOTHER v. EAGLE STAR INSURANCE COMPANY, LTD.

(1940) 67 Ll.L.Rep. 136

Motor insurance-Non-disclosure - Policy taken out by N. with E. Co. covering third-party liability-Accident resulting in third-party claims-Assignment by assured to third parties of rights under policy - Liability of E. Co. - Question and answer in proposal form: "4. Have you or has your driver been convicted of any offence in connection with the driving of any motor vehicle? A.: No"-Condition of policy providing that "if the insured shall have made any wilful misstatement in the said written proposal . . . this policy shall become void and all claims hereunder shall be forfeited"-Evidence that assured had been convicted of certain drinking offences and that he had also been convicted upon charges of permitting a car to be used without a policy of insurance and of driving a car with no road fund licence in force - Materiality-Arbitration-Case stated.

MCNIEL, RILEY & COULSON v. STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION, LTD.

(1940) 67 Ll.L.Rep. 142

Insurance brokers-Commission-Plaintiff brokers instructed by defendants (managers of club) to place insurances with Lloyd's covering workmen's compensation and war risk claims by seamen-Insurances placed by plaintiffs -Customary 20 per cent. commission allowed by underwriters - Sharing of commission between plaintiffs and defendants-Contention by defendants that the shipowners effecting the insurances were entitled to receive half of the commission and that the remaining half should be shared between plaintiffs and defendants - Alleged agreement between plaintiffs and defendants.

T. D. BAILEY, SON & CO. v. ROSS T. SMYTH & CO., LTD.

(1940) 67 Ll.L.Rep. 147

Sale of goods (c.i.f.) - Rejection by buyers - London Corn Trade Association Contract, No. 28-Sale of 15,000 units [of 480 lb.] of No. 2 Yellow American Corn-Seller "has the option of shipping a further 3 per cent. more or less on contract quantity, excess or deficiency over the above 2 per cent. to be settled at the c.f. & i. price on date of bill of lading, and on the quantity thereof"-Added typewritten clause providing: "Separate documents for each 1000 units and each 1000 units to be considered a separate contract" - Notice of appropriation given of "about 15,444 qrs." - Provisional invoice sent by sellers stating that there were 15 bills of lading each for 1000 units and one bill of lading for 444 units-Rejection of provisional invoice by buyers as not being in accordance with contract - Amended provisional invoice sent by sellers stating that there were 15 bills of lading each for 1000 units, also rejected by buyers - Arbitration - Award of Appeal Committee (reversing award of umpire) that buyers were entitled to reject-Case stated-Effect of notice of appropriation-Passing of property- Jus disponendi - Waiver - Whether sending by sellers of amended provisional invoice amounted to withdrawal of first provisional invoice and waiver of buyers' breach of contract in

rejecting - Sale of Goods Act, 1893, Sects. 17, 18, Rule 5, 19, 30 (1), 31, 32.

COURT LINE, LTD. v. CANADIAN TRANSPORT COMPANY, LTD.

(1940) 67 Ll.L.Rep. 161

Charter-party-Club insurances - Damage to cargo due to improper stowage - Liability of shipowners to receivers - Receivers paid by shipowners' club - Claim by shipowners to recover full amount from time-charterers; alternatively, £10 franchise which shipowners were required to refund to club - Implied obligation of time-charterers- Clause 8 of charter providing that "The captain (although appointed by the owners) shall be under the orders and direction of the charterers as regards employment or agency; and charterers are to load, stow, and trim the cargo at their expense under the supervision of the captain, who is to sign bills of lading for cargo as presented . . . Owners to give time-charterers the benefit of their protection and indemnity club insurances as far as club rules allow, and in case of shortage or damage to cargo, charterers to bear the franchise according to the club rules, which owners would have otherwise borne"-Club rules: "2. The members are protected and indemnified as shipowners in respect of losses or claims arising without their actual fault or privity, which they shall have become liable to pay, and shall have in fact paid as follows . . . (i) For other claims arising in respect of the shipment, carriage, discharge, or delivery of goods or merchandise arising through other causes than 'improper navigation,' the intention being to mutually protect and indemnify the members against the negligence or default of their servants or agents. The Association shall be entitled to recover for its own account from third parties any damages that may be provable by reason of such neglect. Provided that, except in respect of claims for loss of life and personal injury, the member shall bear the first £10 of any one claim attaching to either the protection or indemnity section of the rules . . .

17. No assignment or subrogation by a member of his cover with this Association to charterers or any other person shall be deemed to bind this Association to any extent whatsoever" - Interpretation of club rules - Liability under charter-party for improper stowage-Award that shipowners were entitled to recover £10 from charterers -Case stated - Whether shipowners entitled to recover full amount of damages, or £10, or nothing-Award affirmed by Lewis, J. - Decision of C. A. (Scott and Clauson, L.JJ., Goddard, L.J., dissenting) that shipowners were entitled to recover full amount of damages.

LEVY v. ASSICURAZIONE GENERALI.

(1940) 67 Ll.L.Rep. 174

Fire insurance-Loss-Claim-Exceptions clause in policy - Onus of proof - Insurance by appellant of merchandise in warehouse at Jaffa-Loss or damage arising directly or indirectly from (inter alia) earthquake, hurricane, war, hostilities or warlike operations, civil commotion-"Any loss or damage happening during the existence of abnormal conditions . . . arising out of or in connection with any of the said occurrences shall be deemed to be loss or damage which is not covered by this insurance, except to the extent that the insured shall prove that such loss or damage happened independently of the existence of such abnormal conditions. In any action, suit or other proceeding, where the company alleges that by reason of the provisions of this condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the insured"- Fire-Liability under policy denied by respondent insurance company - Contention that one or other of the above occurrences existed at time of fire - Contractual onus of proof - Whether upon appellant or respondents-Civil commotion-Appeal from judgment of Sup. Ct. of Palestine (reversing Dist. Ct. of Jaffa) dismissing claim under policy.

THE "NGAROMA."

(1940) 67 Ll.L.Rep. 180

Collision-River-Vessel emerging from creek into river-Collision in Greenwich Reach, River Thames, between plaintiffs' steamship Cavallo, bound down, and defendant's motor vessel Ngaroma, emerging from Deptford Creek-Starboard helm action taken by Ngaroma to get on down-river course- Failure to answer helm owing to effect of wind and tide and to fact that she was in light trim - Contact between stem of Cavallo and port quarter of Ngaroma-Respective duties of vessels -Port of London River By-laws, 1938, Rule 40.

WULFSON v. SWITZERLAND GENERAL INSURANCE COMPANY, LTD.

(1940) 67 Ll.L.Rep. 190

Insurance-All risks-Furniture insured by plaintiff against "all risks of whatsoever nature whilst in transit, door to door" from Germany to London- Cover extended "for a period of three months . . . whilst goods in store at Pall Mall Depositories, London"- Furniture packed in lift vans - Lift vans left standing in enclosed yard locked at night, with tarpaulins over them but with sides unprotected- Furniture found to be damaged by fresh water-Claim under policy- Right of recovery under policy - Meaning of "in store" - Whether furniture improperly stored.

THE "VARMDO."

(1940) 67 Ll.L.Rep. 197

Collision - Crossing courses - Narrow channel - Collision between British steamship Jeanne M. and Swedish steamship Varmdo in Copenhagen Sound off Elsinore-Jeanne M. sunk- Jeanne M. on a course of N. 12 E.; Varmdo on a course of S. 45 E.-Green of Varmdo opened three points on port bow of Jeanne M. about three or four miles away-Course of Jeanne M. altered to N. by W. 12 W. in ordinary course of navigation-Green of Varmdo opened on starboard bow of Jeanne M. - Starboarding by Varmdo across bows of Jeanne M. - Porting by Jeanne M. - Contact between stem of Varmdo and starboard side of Jeanne M. - Decision of Langton, J., that Varmdo was alone to blame-Appeal - Erroneous assumption by learned Judge that Varmdo had contended that narrow channel rule applied - Plea in fact made by Jeanne M.-Appeal heard on footing that crossing rule applied-Contention by Varmdo that learned Judge had come to a wrong conclusion as to the course of the Jeanne M. and the place of collision-Admission by Varmdo that she was to blame - Whether Jeanne M. also to blame - Duty of Court upon an appeal from the

decision of a Judge who has seen and heard the witnesses.

DIGBY v. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LTD.

(1940) 67 Ll.L.Rep. 205

Motor insurance-Third-party liability -Extension to cover authorised driver -Right of driver to be indemnified against claim by policyholder-Applicability of arbitration clause-Policyholder indemnified by Sect. 2 of policy against "(1) All sums which the policyholder shall become legally liable to pay in respect of any claim by any person (including passengers in the automobile) for loss of life or accidental bodily injury. . . . (3) The insurance under this section shall also extend to indemnify in like manner any person whilst driving any automobile described in the Schedule hereto on the order or with the permission of the policyholder, provided there is no other insurance subsisting under which such person may be indemnified, and that such person shall as though he were the policyholder observe fulfil and be subject to the terms exceptions and conditions of this policy in so far as they can apply. . . ." - Condition 8: "If any difference shall arise between the policyholder and the Corporation, such difference shall be referred with all usual powers to two arbitrators mutually chosen or their umpire, or to one arbitrator if the policyholder and the Corporation shall so agree, and an award shall be a condition precedent to any liability of the Corporation or any right of action against the Corporation" - Collision with another car - Personal injuries sustained by policyholder (travelling as passenger), car being driven by policyholder's chauffeur D.-Action brought by policyholder against other car-D. joined as defendant-Damages awarded against D.-Action brought by D. against insurance company to be indemnified under policy-Action not proceeded with - Matter referred to arbitration without prejudice to insurance

company's plea that D. had no arbitration rights under policy - Award in favour of D.-Case stated- Questions for opinion of Court: (1) Whether D. was entitled to avail himself of the arbitration provided for in the policy. (2) Whether, on that assumption, he was entitled to recover the sum of damages awarded against him-Meaning of "third party"- Road Traffic Act, 1930, Sects. 35 (1), 36 (1) (b), 36 (4).

GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LTD., AND MATTHEW WATT DRYSDALE v. MIDLAND BANK, LTD., SCOFFIN & WILLMOTT, LTD., AND PLANT BROS., LTD.

(1940) 67 Ll.L.Rep. 218

Fire insurance - Fraud - Insurance of Plant Bros.' buildings and contents- Policies issued by insurance corporation and by Lloyd's underwriters - Indorsements providing that interest in policies was vested in Plant Bros., Scoffin & Willmott and Midland Bank "for their respective rights and interests" - Interest of Scoffin & Willmott limited to freehold rights in part of buildings - Plant Bros.' overdraft with Midland Bank secured by floating charge on property, bank holding debentures - Fire damaging buildings and contents - Claim made by Plant Bros. - Loss paid by insurers, cheques sent being made payable to Plant Bros., Scoffin & Willmott and Midland Bank - Indorsements by payees, amounts being paid into Plant Bros.' account at Midland Bank - Subsequent discovery that fire was due to arson by Plant Bros.' works manager and that their claim was made fraudulently and fraudulently exaggerated - Claim by plaintiff insurers for declaration that Plant Bros., Scoffin & Willmott and Midland Bank were liable to repay amounts paid in respect of fire loss-No appearance by Plant Bros.-Liability of Scoffin & Willmott and Midland Bank-Evidence of matters leading up to settlement of fire loss-Manner of payment-Lloyd's policy indorsed by Plant Bros.: "Pay all claims to W. & M."-Payments made to W. & M., who sent own Cheque to Plant Bros.-Position of W. & M. considered.

LEE AND ANOTHER v. PROPRIETORS OF HAY'S WHARF, LTD.

(1940) 67 Ll.L.Rep. 242

Practice-Transfer of action from County Court to High Court-Discretion- Proceedings taken in County Court by plaintiffs (administrators of deceased workman killed by accident at wharf) against wharf-owners under Employers' Liability Act, 1880 - Common law action for negligence subsequently commenced by plaintiffs in High Court - Application by plaintiffs that proceedings under Employers' Liability Act should be transferred to High Court to be heard if necessary after common law action- Application granted by Master but disallowed on appeal by learned Judge- Discretion-Small Debts Act, 1846, Sect. 90-County Courts Act, 1888, Sect. 126-County Courts Act, 1934, Sect. 111.

IMPERIAL SMELTING CORPORATION, LTD. v. JOSEPH CONSTANTINE STEAMSHIP LINE, LTD.

(1940) 67 Ll.L.Rep. 245

Charter-party - Frustration - Impossibility of performance - Explosion on board - Charter of vessel Kingswood to load cargo at Port Pirie-Arrival in Port Pirie Roads-Violent explosion in auxiliary boiler before vessel became "an arrived ship" - Agreement between parties that delay caused by resultant damage was such as to frustrate commercial object of adventure - Claim by charterers for damages for failure to load -Plea by shipowners that contract was frustrated and that they were thereby relieved from liability - "Accidents of navigation" excepted by charter-party - Arbitration - Finding of arbitrator that "the explosion was one of an unprecedented character and no sequence of events which was other than improbable was suggested as capable of having given rise to it"-Award that charterers were entitled to recover-Case stated-Onus of proof of impossibility of performance - Australian Sea Carriage of Goods Act, 1924, Schedule, Art. IV (2) (a) and (p).

LAYCOCK v. ROAD TRANSPORT & GENERAL INSURANCE COMPANY, LTD.

(1940) 67 Ll.L.Rep. 250

Motor insurance - Third-party risks - Motor traders' policy - Accident - L. killed-Action brought by plaintiff (administratrix of L.) against G. (garage proprietor) - Judgment recovered -G. insured with defendant insurance company-Claim by plaintiff (on behalf of herself and infant child) for declaration that defendants should satisfy judgment-Term of policy that only those vehicles were insured of which certain particulars were entered in register kept for that purpose- Plea by defendants that particulars of car involved in accident were not entered and that therefore G. was not covered by policy-Settlement of action approved by learned Judge.

SMITH, HOGG & CO., LTD. v. BLACK SEA & BALTIC GENERAL INSURANCE COMPANY, LTD.

(1940) 67 Ll.L.Rep. 253

Charter-party-Unseaworthiness-General average-Charter of vessel for voyage from Soroka to Garston-Timber cargo (including deckload) loaded at Soroka, vessel sailing with list of 5 deg.- Decision to take on board more bunkers at Stornoway-Forepeak pumped out on entering Stornoway to improve steering - Arrival at Stornoway with list to starboard of 15 deg. - Sixteen tons of bunkers loaded, causing vessel to heel over to port - Vessel beached to prevent her sinking-Part of cargo lost and damaged-Claim by shipowners for general average contribution from cargo-Counterclaim by defendant insurance company (as guarantors for cargo) for loss and damage to cargo-"The shipowner shall not be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the shipowner to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation. The shipowner shall not be responsible for loss or damage arising or resulting from: Act, neglect, or default of the master, mariner, pilot, or the servants of the shipowner in the navigation or

in the management of the ship"- Whether due diligence exercised by shipowners-Onus of proof-Evidence of instability-Cause of loss.

KEEVIL & KEEVIL, LTD. v. BOAG.

(1940) 67 Ll.L.Rep. 263

Practice-Discovery-Affidavit of ship's papers - Claim by plaintiffs under marine insurance policy issued by defendant underwriter in respect of shipments of eggs from Argentina to United Kingdom-Open cover containing warehouse to warehouse clause - Shipment under policy-Eggs found defective upon arrival in United Kingdom-Application made by defendant for an order for ship's papers; alternatively, for discovery before pleadings-Refused by learned Judge -"Liberty to apply for affidavit of ship's papers hereafter if so advised" -Discretion-Appeal by defendant- R.S.C., Order 31, r. 12 A.

THE "DUKE OF LANCASTER."

(1940) 67 Ll.L.Rep. 266

Collision - Look-out - Lights - Collision between plaintiffs' steamship Fire King and defendants' steamship Duke of Lancaster in Irish Channel-Vessels on practically opposite courses - Unidentified dimmed light seen ahead by Duke of Lancaster-Starboarding by Duke of Lancaster-Subsequent discovery that dimmed light ahead was the green light of Fire King-Starboard helm action persisted in by Duke of Lancaster in attempt to cross bows of Fire King-Contact between stem of Duke of Lancaster and starboard side of Fire King-Fire King sunk- Whether Fire King was showing proper navigation lights.

HINDLEY & CO., LTD. v. GENERAL FIBRE COMPANY, LTD.

(1940) 67 Ll.L.Rep. 272

Sale of goods-Cancellation-Illegality- Nullity - Novation - Contract dated July 27, 1939, for sale of jute to be shipped between Sept. 1 and Oct. 31, 1939, from Calcutta "for Hamburg, Antwerp, Rotterdam, Bremen, to be declared on or before Aug. 15, 1939" -Bremen declared by buyers on Sept. 11 as port of destination- Reply by sellers on Sept. 22 that contract must be regarded as cancelled - Letter of Sept. 27 from buyers to sellers declaring Antwerp or Rotterdam as final port of discharge (Bremen being an enemy port and delivery there illegal under Trading with the Enemy Act, 1939) followed by letter of Oct. 3 declaring Antwerp- Communication from sellers to buyers dated Oct. 25, and headed "250 bales Tossa September/October Antwerp . . . Contract date July 27, 1939," stating: "Owing to difficulty in obtaining freight, licenses, etc., we claim protection under Clause 8 of the contract"-Letter from sellers to buyers dated Nov. 30 reasserting their claim that contract was at an end - Arbitration - Award in favour of buyers that contract was not cancelled, that sellers were in default and that they were liable in damages-Case stated.

WEEKS v. NATIONAL AMALGAMATED STEVEDORES' AND DOCKERS' UNION.

(1940) 67 Ll.L.Rep. 282

Trade union - Amalgamation - Strike of dockers-Sympathetic strike by lightermen and stevedores - Stevedores members of National Amalgamated Stevedores' Labour Protection League -Secession of dockers and lightermen from their own union, the Transport and General Workers' Union, a large number joining the Stevedores' Union, the name of that union being changed to the National Amalgamated Stevedores' and Dockers' Union-Claim by plaintiff, a member of the Stevedores' Union, that the body of strikers who left the Transport and General Workers' Union themselves formed a temporary combination and constituted a trade union, and that there was an amalgamation with the Stevedores' Union which was invalid as it was not carried out in accordance with the provisions of the Trade Union Acts- Trade Union Act Amendment Act, 1876, Sects. 12, 13, 16 - Trade Union (Amalgamation) Act, 1917.

NOOR AHMODE v. T. & J. BROCKLEBANK, LTD.

(1940) 67 Ll.L.Rep. 287

Master - Negligence - Lascar seaman (respondent) taken ill with bad cold during voyage in appellants' steamship from Calcutta to United States ports and United Kingdom-Medicine given by chief steward with approval of master-Respondent off duty for rest of voyage-Respondent examined at each port of call by doctors employed by appellants-Request by master to doctors at Philadelphia and Norfolk that respondent should be removed to hospital ashore-Medical opinion that it was not a hospital case-Respondent examined on arrival at Avonmouth and found to be suffering from phthisis-Discharged after hospital treatment and sent back to India-Health still very bad-Claim brought against shipowners for damages arising out of the alleged negligence of the master and chief steward in failing to take proper care of the respondent-Damages awarded by Bengal High Court-Appeal by shipowners -Extent of shipowners' duty in regard to the securing of the health and safety of the crew - Doctrine of common employment, as part of law of India, discussed.

THE "QUEEN ADELAIDE."

(1940) 67 Ll.L.Rep. 293

Collision - Convoy - Lights - Collision between steamship Leonard Pearce and motor vessel Queen Adelaide in Bristol Channel-Queen Adelaide proceeding up Channel in convoy-Leonard Pearce, bound down Channel, crossing convoy's course from convoy's port hand- Contact between stem of Queen Adelaide and starboard side of Leonard Pearce- Leonard Pearce sunk-Whether navigation lights of Queen Adelaide were exhibited in time to give due warning to the Leonard Pearce - Duty of Leonard Pearce-Look-out-Whether Queen Adelaide negligent in starboarding and in not immediately putting her engines astern when it became apparent that the Leonard Pearce, which was the give-way vessel, was not giving way- Collision Regulations, Art. 21.

THE "NAROCZ."

(1940) 67 Ll.L.Rep. 301

Collision-Anchored vessels-Moving from anchorage-Collision between British steamship Kentwood and Polish steamship Narocz in Downs-Kentwood lying to anchor, heading E. by N. 12 N.; Narocz lying to anchor, heading N.N.E. about two lengths to starboard of Kentwood-Steps taken by both vessels to get under way - Starboard helm action taken by Kentwood across bows of Narocz, Kentwood being set down by tide on to stem of Narocz- Kentwood beached in sinking condition -Engines of Narocz put astern when she became aware that the Kentwood was bearing down upon her-Whether Narocz was negligent in coming ahead and whether she should have taken any further steps to avoid collision.

THE "BENGLOE."

(1940) 67 Ll.L.Rep. 307

Salvage-Pilot-Special technical skill- Services rendered by pilot to vessel grounded on Goodwin Sands-Vessel refloated and piloted on course to Gravesend-Evidence of grounding- Danger real though not imminent-No personal risk to pilot - Whether pilotage or salvage services.

THE "CITY OF PARIS."

(1940) 67 Ll.L.Rep. 312

Salvage-War-Disablement due to enemy action - Services rendered by tugs Contest and Atlantic Cock to steamship City of Paris in North Sea-City of Paris badly damaged by mine-Vessel towed to dock, services occupying about 35 hours - Matters to be taken into account in estimating award-Marine and war perils considered.

WILLIAMSON v. JOHN I. THORNYCROFT & CO., LTD., AND ANOTHER.

(1940) 67 Ll.L.Rep. 322

Negligence-Shipbuilders-Construction of motor vessel-Danger from exhaust gases-Vessel constructed by defendants to orders of Admiralty-W. (naval officer) on board during trials-Death of W. through carbon monoxide poisoning -Claim by personal representatives -Penetration of exhaust gases (containing large proportion of carbon monoxide) into wardroom and lavatory -Lavatory waste pipe (with no "S" bend) and exhaust pipes in close proximity-Whether indicating negligence in design-Evidence of tests subsequently made to ascertain carbon monoxide concentrations-Duty of shipbuilders towards occupants of vessel- Invitees-Onus of proof of negligence - Measure of damages - Pension granted by Admiralty, reviewable at their discretion if compensation was received "from or on behalf of a third party for the act, omission or circumstances which caused the death."

THE "GITANO."

(1940) 67 Ll.L.Rep. 339

Collision-Meeting end on-Collision in North Sea between steamships Tynehome and Gitano - Vessels on opposite courses - Dispute whether vessels were meeting end on so that each could see both side lights of the other, or whether they were in a position to pass in safety green to green - Starboard helm action taken by Tynehome; port helm action taken by Gitano-Exchange of signals-Contact between stem of Gitano and port side of Tynehome - Tynehome sunk - Whether Tynehome negligent in continuing her starboard helm action immediately she became aware that the Gitano was porting - Look-out - Collision Regulations, Art. 18.

THE "HARLEY."

(1940) 67 Ll.L.Rep. 347

Salvage-War-Services rendered by motor lifeboat Stanhope Smart (and launchers) and motor fishing vessel Victory to steamship Harley off Bridlington - Harley, having been damaged by aerial warfare, abandoned by crew-Harley found by lifeboat to be drifting ashore-Four of lifeboat's crew of eight put on board-Steam got up enabling Harley to proceed off shore under own power-Crew of Harley searched for and picked up by Victory and taken ashore-Engineers of Harley taken back to vessel by lifeboat, rest of crew being brought back later by Victory-Harley subsequently piloted by Victory to Humber -Heavy weather.

THE "HARDWICKE GRANGE."

(1940) 67 Ll.L.Rep. 355

Collision - Convoy - Collision between Spanish steamship Escolano and British steamship Hardwicke Grange in the Atlantic - Escolano meeting convoy on approximately opposite courses-Convoy unlighted-Lights of commodore ship switched on-Lights of certain other ships in convoy also switched on-Red of Escolano opened on starboard bow of Hardwicke Grange -Allegations by Hardwicke Grange that she switched on her green light; that the Escolano ported to a position of green to green; and that the Escolano then starboarded into the Hardwicke Grange - Porting by Hardwicke Grange just before collision -Dispute as to whether Hardwicke Grange switched on her green light.

THE "DUNELMIA."

(1940) 67 Ll.L.Rep. 363

Salvage - War - Services rendered by steamship Tacoma Star to steamship Dunelmia in Atlantic Ocean-Dunelmia disabled by accident in engine-room- Tacoma Star requested to stand by until temporary repairs effected - Dunelmia, unable to effect repairs, taken in tow by Tacoma Star after standing by for nearly four days- Vessel towed 450 miles to Azores, towage occupying over three days-Very heavy weather-Great difficulty experienced in getting Tacoma Star's wire ready for towing-Dunelmia sheering badly- Both vessels in peril from submarines and surface raiders.

THE "HERTHA."

(1940) 67 Ll.L.Rep. 370

Salvage-Services rendered by tugs Blazer and Standard Rose, by examination steamer Lass O'Doune, by pilot cutters Barrian and Queen Mother, and by pilot to Norwegian steamship Hertha in Bristol Channel-Hertha damaged by collision-Vessel in serious though not imminent danger-Vessel beached, towed farther up the beach on subsequent tides, temporarily repaired, and then towed off the bench and escorted to Walton Bay-Ample assistance immediately available-Absence of risk to salving vessels - Pilot's services discussed - Salved values: £25,724 - Awards: Blazer and Standard Rose, £1100; Barrian, £150; Lass O'Doune, £600; Queen Mother, £700; pilot, £150 -Separate representation of Barrian and plaintiff pilot (on board Barrian) refused.

THE "FORTUNATA."

(1940) 67 Ll.L.Rep. 385

Collision-Fog-Collision between British steamship Old Charlton and Italian steamship Fortunata in North Sea- Vessels on crossing courses at an angle of about 16 deg.-Contact between port bow of Fortunata and port side of Old Charlton at angle of about three points -Exchange of fog signals-Speeds- Duty immediately to take off way- Helm action - Collision Regulations, Art. 16.

BULLOCK AND ANOTHER v. BELLAMY.

(1940) 67 Ll.L.Rep. 392

Motor insurance-Ownership of car- Passing of property-Insurance of B's Morris car with defendant underwriter -Negotiations initiated by B. for purchase of Chrysler car from garage proprietor-Chrysler car brought round to B. by garage employee for trial run-£10 deposit paid by B. at request of garage employee-Accident during trial run-Judgment recovered by plaintiffs against B. in respect of personal injuries sustained-Judgment unsatisfied - Right of plaintiffs to recover from insurers-Provision in policy issued in respect of Morris car extending indemnity to the assured "while personally driving any other private car not belonging to or hired to the assured for pleasure purposes"- Whether Chrysler car belonged to B. at time of trial run-Evidence of transaction leading up to trial run - Application by B. to insurance brokers to transfer insurance - Admissions made to police officer at time of accident - Chrysler car subsequently returned by B. to garage as being unsuitable.

S. & R. STEAMSHIPS, LTD. v. SUTTON HARBOUR IMPROVEMENT COMPANY. (THE "PRESTO.")

(1940) 67 Ll.L.Rep. 398

Negligence-Bad berth-Damage sustained by plaintiffs' steamship Presto while lying at defendants' berth-Hogging damage-Admission by defendants that there was a hump in the centre of the berth and that the plaintiffs' vessel sustained damage there - Plea that vessel had insufficient strength to take the ground when loaded-Evidence of other vessels grounding without damage-Surveys of berth-Plaintiffs' vessel classed 100 A1 - Duty of defendants to take reasonable care to ensure that their berth was fit for the reception of the plaintiffs' vessel.

THE "BARBARA ROBB."

(1940) 67 Ll.L.Rep. 407

Collision - Fishing vessels - Lights - Collision just after sunrise between steam trawlers Dandini and Barbara Robb in fishing grounds off N.E. coast of Scotland-Dandini laid to, heading approximately east - Barbara Robb trawling on northerly course S.S.W. of Dandini - Impacts between stem of Barbara Robb and starboard side of Dandini - Dandini sunk - Respective duties-Look-out-Fishing lights improperly shown by Dandini.

WILLIAMSON v. JOHN I. THORNYCROFT & CO., LTD., AND ANOTHER.

(1940) 67 Ll.L.Rep. 413

Damages-Fatal accident-Negligence of shipbuilders in construction of motor vessel-Death of naval officer during trials through carbon monoxide poisoning -Penetration of exhaust gases into living accommodation-Action brought against shipbuilders by widow, on behalf of herself and infant son, under Fatal Accidents Acts, 1846 to 1908, and under Law Reform (Miscellaneous Provisions) Act, 1934-Death of widow before trial - Action continued by personal representatives - Award by learned Judge of £750 under Law Reform (Miscellaneous Provisions) Act and £2650 under Fatal Accidents Acts -Appeal by shipbuilders on question of damage-Date at which damages should be assessed - Fact of widow's death before trial to be taken into consideration.

PIPER v. DARLING.

(1940) 67 Ll.L.Rep. 419

Damages-Damage to yacht-Reference to Registrar - Plaintiff's yacht damaged by aerial torpedo accidentally discharged by defendant - Constructive total loss of vessel - Assessment of damages by Registrar - Motion in objection to Registrar's report in respect of (1) claims for survey fees; (2) value of vessel; (3) loss of hire- Surveyor employed by plaintiff - Fees allowed-Further claim for survey fees by plaintiff disallowed - Evidence of value of yacht-Claim for loss of hire disallowed - Evidence of negotiations for hire of yacht - Whether charter concluded.

THE "VALDARNO."

(1940) 67 Ll.L.Rep. 429

Collision-Look-out-Helm action - Collision between plaintiffs' steam trawler Dromio and Italian steamship Valdarno in North Sea - Dromio at head of convoy of trawlers-Vessels crossing at very fine angle-Plea by Dromio that green of Valdarno was observed fine on starboard bow, and that the Valdarno when in a position to pass in safety green to green, suddenly opened her red and with her stem struck the starboard side of the Dromio at an angle of about five points, the Dromio sinking nine hours later-Valdarno's case that vessels were on crossing courses; that the Dromio, the give-way vessel, failed to give way; and that she (the Valdarno) took steps to avoid collision by hard-a-starboard helm action and subsequently by putting her engines full astern.

THE "GLENBEG."

(1940) 67 Ll.L.Rep. 437

Salvage or towage - Services rendered by tugs Euston Cross and Lingdale to motor vessel Glenbeg in River Tees- Glenbeg bound up river - Plaintiffs' tugs engaged under running contract of towage to assist defendants' vessels in. river - Euston Cross and Lingdale awaiting attendance upon Glenbeg - Port propeller of Glenbeg entangled in buoy and chain - Possibility of drift upon training wall - Vessel taken charge of by tugs and towed clear - Whether tugs entitled to salvage remuneration - Duty of tugs under towage contract-Allegation of negligence against tugs.

THE "BRABANT."

(1940) 67 Ll.L.Rep. 445

Negligent navigation - Anchored vessel - Collision between Russian motor vessel Felix Dzerjinsky and craft in barge roads in Woolwich Reach, River Thames -Allegation by Russian vessel, bound up river, that Dutch motor vessel Brabant, lying at anchor, came ahead and forced her (the Russian vessel) to take sudden port helm action, and that the subsequent collision was a direct consequence - Contention by Brabant that the Russian vessel passed too close at speed and caused the Brabant to drag her anchor and move across the river-Brabant found alone to blame by Sir Boyd Merriman, P.-Appeal- Evidence of bottom damage to Russian vessel given at trial-When and where sustained - New trial ordered by C.A. on ground that learned President had not taken full account of the bottom damage to the Russian vessel, which was directly relevant to a consideration of the course which that vessel took and therefore to the issue of liability - Retrial - Evidence of mutual error as to position of barge roads - Brabant's case, based on position of bottom damage sustained by Russian vessel, not proceeded with-Whether Brabant presented an obstruction which the Russian vessel could not avoid by the exercise of ordinary care and skill-Contention by Brabant that Russian vessel should have avoided collision by starboarding and taking off her way - Look-out - Port of London River By-laws, 1938, Rule 16.

THE "PRINS KNUD."

(1940) 67 Ll.L.Rep. 458

Salvage - Award - Assessment - Services rendered by plaintiffs' tugs Hendon, Wearmouth and Corsair to Danish steamship Prins Knud ashore on Goswick Sands-Hendon in attendance for 42 days, vessel eventually being towed off - Vessel towed by all three tugs to Jarrow - Both Hendon and Prins Knud exposed to considerable marine and war risks - Prins Knud, held in Prize, under requisition to H.M. Government-Motion by plaintiffs for judgment in default of appearance -Assessment of award - Very large expenditure by Hendon.

PICTORIAL MACHINERY, LTD. v. NICOLLS.

(1940) 67 Ll.L.Rep. 461

Insurance-Public Liability Policy-Negligence of employee of assured - "All reasonable safeguards and precautions against accident" - Two bottles of acetone (very inflammable liquid) supplied by assured to W. - Bottles delivered by youth, one being carried under each arm-One dropped on W.'s premises, causing fire and resulting in third-party claims against assured - Right of assured to indemnity under policy-Schedule of policy describing place at which assured's business carried on as their business address "and/or elsewhere where assured's employees may be working"-Condition 8: "The assured shall and will at all times exercise reasonable care in seeing that the ways, implements, plant, machinery and appliances used in his (their) business are substantial and sound, and in proper order, and fit for the purposes for which they are used, and that all reasonable safeguards and precautions against accident are provided and used"-Whether a condition precedent to liability-Alleged failure to take reasonable precautions against accident in that the bottles were not carried in a container-Evidence as to practice of trade.

SADLER v. UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD.

(1940) 67 Ll.L.Rep. 470

Docks Regulations, 1934-Breach of statutory duty-Personal injuries sustained by plaintiff stevedore while engaged in loading defendants' steamship in Royal Albert Dock, London - Fall down uncovered and unlighted hatch - Admitted breach of regulation by defendants in failing to cover hatch- Alleged contributory negligence of plaintiff-Plaintiff told to proceed by ladder to "F" deck below and there await orders - Fall down hatch in moving across "F" deck to hang up coat - Unexpected danger - Whether plaintiff should have awaited a cluster of lights before moving - Meaning of negligence - Risks ordinarily undertaken by workmen-Regulations 12, 37.

THE "TEIRESIAS."

(1940) 67 Ll.L.Rep. 477

Collision - Convoy - Collision between motor vessels Baltistan and Teiresias off North Foreland - Baltistan following Teiresias in line-Drastic alterations of helm by Teiresias to avoid mines, resulting in her touching the ground - Engines put full astern on three separate occasions to regain deeper water - Warning given to Baltistan and appropriate signal sounded on each occasion - Contact between port bow of Baltistan and starboard side amidships of Teiresias- Contention by Baltistan that Teiresias had substantial sternway at time of collision - Whether Baltistan was negligent in failing to keep clear.

MIDDOWS, LTD. v. ROBERTSON. W. W. HOWARD BROS. & CO., LTD. v. KANN. FORESTAL LAND, TIMBER & RAILWAYS COMPANY, LTD. v. RICKARDS.

(1940) 67 Ll.L.Rep. 484

Marine insurance - Cargoes in enemy ships at outbreak of war - Pre-war policies issued by British underwriters covering British cargoes - Institute War Clauses attached - "This policy covers (a) the risks excluded from the standard form of English marine policy by the" f.c. & s. clause-"Warranted free of any claim based upon loss of, or frustration of, the insured voyage or adventure caused by arrests restraints or detainments of Kings Princes Peoples Usurpers or persons attempting to usurp power"-German Government orders to masters of German vessels that their vessels should take refuge in neutral ports and if possible proceed to Germany; as a last resort to scuttle their vessels- Arrival in neutral ports of German steamships M, H and W, vessels subsequently sailing in an attempt to reach Germany - M and H scuttled upon interception by Allied warships- Arrival of W in German port-Claims for loss of cargo-Alleged constructive total loss of cargo when vessels put into, or alternatively left, neutral ports; actual total loss when vessels scuttled- Altered voyage-Whether within "held covered" clause-Arrests, restraints- Seizure-Enemies-Takings at sea- Barratry of the master-Malicious acts -Non-delivery-Possibility of recovery of cargo ex W by payments to be made through neutral sources-No payments in fact made-Partial loss.

MERCHANTS' & MANUFACTURERS' INSURANCE COMPANY, LTD. v. HUNT AND OTHERS.

(1940) 67 Ll.L.Rep. 517

Motor insurance-Non-disclosure-Avoidance of policy-Policy issued by plaintiff insurance company to H.- Accident involving injuries to third parties (T.) while car being driven by H.'s son-Claim made by T. against H. -Declaration sought by plaintiffs that they were entitled to avoid policy on ground of non-disclosure and misrepresentation in proposal form- "Q. 3: Will the car be used (a) Solely for social, domestic, and pleasure purposes, as Class 1? A.: Class 1. Q. 7: (a) Who will usually drive the car? A.: Myself. (b) How long have you and the usual driver been licensed to drive a motor car in the United Kingdom? A.: 28 years. (c) Have you and the usual driver been driving frequently in the United Kingdom during the whole of the past twelve months.? A.: Continuously. (d) Have you or any person who to your knowledge will drive the car ever been convicted of an offence in connection with a motor vehicle or motor cycle, or is any prosecution pending? A.: No. Q. 8: Will the car be driven by any person (a) under 21? A.: No"-Materiality of questions- Provision in policy "That nothing in this policy or in any endorsement thereon shall affect the right of any person indemnified by this policy or of any other person to recover an amount under or by virtue of the provisions of the . . . Road Traffic Act, 1934, Sect. 10 and Sect. 12"-Construction- Contra proferentes doctrine - Road Traffic Act, 1934, Sects. 10, 12.

PICTORIAL MACHINERY, LTD. v. NICOLLS.

(1940) 67 Ll.L.Rep. 524

Insurance - Public Liability Policy- Liability of underwriters under policy providing indemnity "against all sums which the assured shall become legally liable to pay in respect of claims made against the assured" by third parties- Costs reasonably incurred-Negligence of employee of assured causing fire- Claims made by third parties-Underwriters notified - Repudiation of liability by underwriters-Proceedings commenced by S. (third party) against assured-action defended by assured- Costs incurred - Underwriters held liable to indemnify assured under policy - Whether underwriters liable for costs incurred by assured in defending claim by S.-"1. In addition to compensation as above, the underwriters agree that, in the event of their requiring any claim to be contested by the assured, they will pay all costs, charges and expenses in connection therewith . . . 2. The liability of underwriters shall not exceed [the insured sum] except that the underwriters shall in addition, and subject to provision No. 1 above, pay all legal and other costs incurred with their consent in the defence of any claim made against the assured."

SPRAGGON AND ANOTHER v. DOMINION INSURANCE COMPANY, LTD. DOMINION INSURANCE COMPANY, LTD. v. TOMRLEY (OR TRUNDLE) AND OTHERS.

(1940) 67 Ll.L.Rep. 529

Motor insurance - Hirer Driving Policy (Third Party only)-Excluded hirer- Policy issued by insurance company to W. providing indemnity to persons hiring cars from W. who did not come "within the category of excluded hirers"-"No person shall be a hirer within the meaning of this policy until the insured shall have satisfied himself by an actual driving test that the prospective hirer is a qualified, careful and competent driver of motor cars. No person shall be a hirer within the meaning of this policy until he shall have completed a hirer driving proposal form on the form supplied by the company for that purpose. No person shall be a hirer within the meaning of this policy unless he holds a current driving licence which must be the continuation without a break of a driving licence issued at least 12 months prior to the date of the hire and be free from any indorsements. No person shall be a hirer within the meaning of this policy unless immediately on passing the driving test he forwards the completed hirer driving proposal form to the company by registered post"- Proposal form signed by T. (hirer)- Evidence that proposal form was not forwarded to insurance company; that W. took no steps to satisfy himself that T. could drive (beyond the fact that he possessed a driving licence); and that that driving licence had been indorsed -Accident resulting in claims by third parties-Judgment recovered by third parties against T.-Claim by third parties against insurance company- Declaration sought by insurance company that T. was never insured under policy; alternatively, that they were entitled to avoid the policy on the ground of misrepresentation in the proposal form signed by T.-Road Traffic Act, 1934, Sect. 10.

D. F. PENNEFATHER & CO. v. WM. J. SMITH & SONS.

(1940) 67 Ll.L.Rep. 536

Warehousemen-Charges-Custom of port of Liverpool-Bales of cotton stored in defendants' warehouse at Liverpool under orders of Port Emergency Committee (acting under statutory powers) -Cotton consigned to plaintiffs-Charge made by defendants against plaintiffs for handling, sampling, &c.-Claim by plaintiffs for declaration that they were entitled, by reason of a custom or usage of the port, at all reasonable times by their own servants, agents and workmen to have access to the cotton in the warehouses of the defendants and to break the same down, disband it, check the marks thereon, take samples thereof and replace the same without any interference on the part of the defendants, their servants, agents or workmen, other than the general supervision of the defendants' licensed warehouse-keeper; and that the defendants were not entitled to make any charge against the plaintiffs in respect of the doing by the plaintiffs, their servants, agents or workmen of any of the above acts - Evidence of custom or usage-Control of Traffic at Ports Order, 1939.

THE "LAIRDSGLEN."

(1940) 67 Ll.L.Rep. 543

Collision - Look-out-Lights-Collision in Firth of Clyde between steamships Findhorn and Lairdsglen-Findhorn inward bound; Lairdsglen outward bound-Dispute as to distance at which Lairdsglen (which was sailing without lights in accordance with Admiralty Regulations) became visible to Findhorn - Findhorn showing her side lights-Lights of Lairdsglen switched on before collision-Evidence that when Lairdsglen was first observed by Findhorn, the red light of Lairdsglen was open on Findhorn's starboard bow -Porting by Findhorn-Starboarding by Lairdsglen, followed by hard-a-starboarding when collision was imminent - Contract between port bow of Lairdsglen and starboard side of Findhorn.

CANADA RICE MILLS, LTD. v. UNION MARINE & GENERAL INSURANCE COMPANY, LTD.

(1940) 67 Ll.L.Rep. 549

Marine insurance-Perils of the seas- Damage to cargo of rice-Overheating due to closing of ventilators during voyage-Ventilators closed owing to bad weather-Claim under policy covering perils of the seas and "all other perils losses and misfortunes that have or shall come to the hurt detriment or damage of the subject-matter of the insurance"-Trial before Judge and jury-Specific questions put to jury-Findings that the closing of the ventilators was the proximate cause of the damage and that the weather and sea during the time the ventilators were closed was such as to constitute a peril of the sea-Omission to ask jury whether the peril of the sea was the cause of the closing of the ventilators - Judgment entered for assured-Appeal by insurers allowed by Court of Appeal for British Columbia on grounds (1) that there was no evidence of perils of the seas; (2) that if there were, that the proximate cause of the damage was not those perils but the closing of the ventilators-Inferences to be drawn from jury's findings-Meaning of "perils of the seas"-Causa proxima- R.S.C. Order 58, r. 4.

WILLIAMS v. BOAG.

(1940) 67 Ll.L.Rep. 560

Practice - Payment into Court - Action brought on marine insurance policy- Payment into Court by defendant underwriter with admission of liability -Application by defendant to learned Judge in Chambers for leave to amend defence - Application granted - Amendment an insuperable bar to plaintiff's claim-Subsequent refusal by Judge to order repayment to defendant of money paid into Court- Judge not informed of payment in when application for leave to amend defence was made-R.S.C., Order 22, rr. 3, 6.

MEYER v. LOUIS DREYFUS & CIE.

(1940) 67 Ll.L.Rep. 562

Practice - Writ - Service - Claim against French partnership firm after occupation of France by Germans-Writ served upon agent in England-Agent, acting under power of attorney, in control as London manager-Contention by defendants that authority of agent was revoked at common law upon German occupation of France-Licence granted to London agent by Crown, pursuant to Trading with the Enemy Act, 1939, permitting him to continue to manage the business - Effect - Service of writ set aside by learned Judge-Appeal by plaintiff-R.S.C., Order 48 A, r. 3.

THE "EURYMEDON."

(1940) 67 Ll.L.Rep. 565

Collision-Convoy-Courses-Collision between motor vessels British Reliance and Eurymedon in English Channel- Vessels in convoy with Eurymedon to starboard of British Reliance-Zig-zag courses-No regulation lights being exhibited-Contact between port bow of Eurymedon and starboard side of British Reliance-Whether collision was due to over-starboarding by the British Reliance or to porting by the Eurymedon.

THE "KABALO."

(1940) 67 Ll.L.Rep. 572

International law - Ship - Arrest of Belgian steamship Kabalo by owners of cargo laden on board Belgian steamship Flandres, vessels having been in collision - Unconditional appearance entered by owners of Kabalo-Application by Belgian Government to set aside writ and arrest on ground that vessel was under requisition by and in possession of the State of Belgium, and that that State was impleaded by the present proceedings - Authority for requisition not offered in evidence- Evidence of de facto possession.

THE "FULHAM V."

(1940) 67 Ll.L.Rep. 577

Negligent navigation - River - Passing steamer - Plaintiffs' barges broken adrift from moorings in River Thames -Allegation that defendants' steamer Fulham V. was proceeding down river at too great a speed, causing an excessive wash - Whether barges properly moored - Duty of vessels navigating River Thames - Port of London (Consolidation) Act, 1920, Sect. 278.

NICHOLS v. EARNELL, SONS & POCOCK.

(1940) 67 Ll.L.Rep. 583

Negligent navigation - Tug - Death of lighterman by drowning-Manoeuvres by defendants' tug (towing barges) to take barge No. 13 in tow down Bow Creek, River Thames- Contact between barge in tow and barge No. 13, resulting in lighterman overbalancing from No. 13 and falling into water-Claim by widow against tugowners-Alleged negligence of tug- Res ipsa loquitur.

Lloyd's Law Reports