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THE "BRITON" AND THE "ALAN I."

(1929) 35 Ll.L.Rep. 1

Collision between tug Barnes (towing barge) and barge (in tow of tug Alan I.) in Blackwall Reach, River Thames -Alan I. crossing river for purpose of securing barge in roads-Bad look-out on Alan I.-Improper navigation of Barnes - Apportionment of blame: Alan I., two-thirds; Barnes, one-third -Appeal-Agreement to accept learned Judge's findings of fact-Appeal dismissed.

THE "VULCAIN."

(1929) 35 Ll.L.Rep. 3

Collision between steamships Atholl and Vulcain in Lake Timsah, Suez Canal-Vulcain lying stopped-Allegation by Atholl that Vulcain swung across her course; by Vulcain that Atholl canted into her-Finding that either vessel could have avoided collision -Continuing and contributory negligence-Vessels held equally to blame.

"SANDGATE" (OWNERS) v. W. S. PARTRIDGE & CO.

(1929) 35 Ll.L.Rep. 9

Charter-party-Dispatch money-Lay days -"(7) Cargo [of coal] to be taken from alongside by consignees . . . at the average rate of 125 tons per working hatch per day . . . provided vessel can deliver at this rate . . . Consignees shall not be obliged to take cargo from alongside as per Clause 7 at a higher rate than 500 tons per day"-Four cargo hatches-Meaning of "working hatch"-Held that the charterers' obligation was to take cargo at the rate of 125 tons per hatch which was capable of being worked, i.e., which contained coal-Shipowners' appeal dismissed.

LLOYD DEL PACIFICO v. BOARD OF TRADE.

(1929) 35 Ll.L.Rep. 13

Sale of ship-Breach of warranty-Sale by Shipping Controller to Italian shipowners - "(5) The steamer with her broached stores, spare gear and outfit shall be taken with all faults and errors of description without any allowance or abatement" - Fitness of vessel as cargo-carrier - Commercial unsuitability of design-Arbitration-Award -Terms implied by umpire that vessel was fit for particular purpose and that vessel was merchantable-Finding that there was a breach of warranty under Sect. 14 (1) and (2) of Sale of Goods Act, 1893, and that the seller was liable in damages-Case stated-Held that upon the facts and bearing in mind Clause 5 of the agreement neither terms should have been implied and that the seller was not liable in damages for breach of warranty.

GULF REFINING COMPANY v. ATLANTIC MUTUAL INSURANCE COMPANY. [Reprinted, with acknowledgments, from the "United States Daily."] (THE "GULFLIGHT.")

(1929) 35 Ll.L.Rep. 21

Insurance (Marine)-General average- Cargo contributions-Claim by insured to be indemnified-Contributory value of cargo in excess of agreed value-Co-insurance principle-Held that the insurers were liable for general average contributions only in the proportion that the agreed value bore to the contributory value.

THE "ERIK BOYE."

(1929) 35 Ll.L.Rep. 25

Appeal-Expiry of time to appeal-Bill of lading-Damage to cargo-Intimation given to respondents that there would be no appeal - Subsequent request by appellants for extension of times refused.

THE "BUCCARI."

(1929) 35 Ll.L.Rep. 26

Collision between steamships in Canal del Infierno, River Plate-Vessels Penhale and Buccari meeting end on-Duty to keep to starboard side of mid-channel - Starboarding by Buccari into Penhale's water-Proper action by Penhale - Buccari found alone to blame.

SCHAUER v. WEBSTER & CO.

(1929) 35 Ll.L.Rep. 31

Ship - Loss by collision - Damages recovered paid to defendants (acting for plaintiff) - Defendants also acting as underwriters' representatives - Authority of defendants as plaintiff's agents-Failure of defendants to pay over to plaintiff moneys received - Right of underwriters to moneys recovered - Subrogation - French law held similar to English law-Payment by underwriters as an essential qualification - Page v. Scottish Insurance Corporation, 33 Ll.L.Rep. 134, followed-Account-Claims and premiums -Set-off.

FREEMAN & CO. v. MACANDREWS & CO., LTD.

(1929) 35 Ll.L.Rep. 35

Bill of lading-Non-delivery (oranges)- Alleged conversion by shipowners- Delay on voyage due to excepted perils -Unsound cargo disposed of by shipowners - Agent of necessity - Reasonable steps taken by shipowners before disposal - No breach of duty - Judgment for shipowners.

SHAW, SAVILL & ALBION COMPANY, LTD. v. BOARD OF TRADE.

(1929) 35 Ll.L.Rep. 39

Ship-Requisition-War risk insurance- Vessel building-Requisition before completion-Government service immediately vessel completed-Vessel entered in insurance associations-Entry into associations (by rules) ante-dated- Liability of shipowners for calls made by associations in respect of accounting period back to entry date-Claim by shipowners against Government- Whether calls should be apportioned between shipowners and Government- Heads of Arrangement (Liner Requisition Scheme), Clause 5 (G) (e): (I) (3) "Such deficiency shall be deemed to have accrued during such period from day to day. The amount chargeable in the account shall be such proportion of the amount ascertained . . . in respect of each vessel as is attributable to the part of the period after the date upon which the vessel came on hire to the Government" - Construction - Held that, as the whole of the contributions was occasioned by the vessel's service after delivery to the Government, the Government was liable.

SALVAGE ASSOCIATION v. SUZUKI & CO., LTD., AND OTHERS.

(1929) 35 Ll.L.Rep. 45

General average bonds-Funds-Payment out - Application to Court for directions -Relinquishment of trusteeship.

SILVER AND LAYTON v. OCEAN STEAM SHIP COMPANY.

(1929) 35 Ll.L.Rep. 49

Bill of lading-Damage to cargo (frozen eggs in tins) - Claim by consignees against shipowners - Delivery with "gash" and pinhole damage-Finding that there was negligence in discharging -Provision in bill of lading that cargo was shipped "in apparent good order and condition"-Estoppel -"Insufficiency of packing" - Tins with very sharp edges and difficult to handle-Held that so far as "gash" damage was concerned (which would be discernible on reasonable examination) the shipowners were estopped from disproving the "apparent good order and condition" of the cargo; and (on varying grounds) that the shipowner could not plead that the cargo was insufficiently packed - Carriage of Goods by Sea Act, 1924, Schedule, Arts. III (2), (3), (4), IV (2) (n)-Judgment for consignees.

THE "KILNBURN."

(1929) 35 Ll.L.Rep. 59

Collision, between motor drifter Marconi and steam drifter Kilnburn off Corton Light-vessel, North Sea - Whether vessels on converging courses or whether Kilnburn overtaking Marconi -Held that the Kilnburn was overtaking the Marconi and that the Kilnburn took improper helm action when the vessels were close together-Judgment for Marconi.

PYMAN, BELL & CO., LTD. v. OHLSON STEAMSHIP COMPANY.

(1929) 35 Ll.L.Rep. 63

Bill of lading - Freight - Dispute as to quantity of deck cargo-Freight payable at agreed rate per intaken piled fathom of 216 cubic feet-Bills of lading stating quantity but also claused "measure unknown" - "The intaken quantity piled measure to be certified by a Swedish official measurer whose certificate shall be supplied to the captain by the shippers. For this certificate the captain shall pay the shippers" so much per English cubic fathom-Effect - Whether conclusive against ship - Evidence of deck space available and of stowage of deck cargo - Scaled fathoms and piled fathoms compared- Held that the quantity of cargo loaded was in excess of the bills of lading quantity.

IN RE OVERSEAS MARINE INSURANCE COMPANY, LTD.

(1929) 35 Ll.L.Rep. 67

Insurance - Reinsurance - P.P.I. - Reinsurers in liquidation - Rejection by liquidators of insurance company's claim upheld - In re London County Commercial Reinsurance Office, 10 Ll.L.Rep. 370, followed.

BOWRING, JONES & TIDY, LTD. v. CHARTER SHIPPING COMPANY.

(1929) 35 Ll.L.Rep. 68

General average-Lien-Stranding of vessel -Damage to cargo-Cargo released on deposit being made by cargo-owners -Claim to recover deposit-Alleged unseaworthiness and negligence-British corporations - Average adjustment made in England-Appearance entered by shipowners in America-Jurisdiction of American Courts-Discretion of Court-Witnesses, necessary to prove cargo-owners' allegations, in jurisdiction of American Courts-Held that, bearing in mind the convenience of witnesses, it was expedient that jurisdiction should be retained by the American Courts.

THE "IKALA."

(1929) 35 Ll.L.Rep. 71

Collision - Damages - Reference - Loss of use of oil-carrying vessel in commercial service during war period - Basis of assessment-Vessel exempted from requisition on undertaking of owners to employ her in carrying lubricating oil -Quantity of oil for import controlled by Government-Objection to Registrar's report-Case sent back by House of Lords-Second reference-Further evidence that the full quota of oil was incompleted during collision year; and that foreign tonnage was chartered, a proportion supplying the tonnage lost by the detention-Plaintiffs awarded, as damages, cost of chartering extra tonnage to replace tonnage lost by detention.

THE "NATAL."

(1929) 35 Ll.L.Rep. 78

Collision between steamship Braddovey (in tow of tugs) and dumb barge Natal (in tow of tug Tilco) in Royal Albert Dock basin-Claim by Braddovey against Natal; alternatively, against Natal and A.P.C.M. barges jointly-A.P.C.M. barges also in tow of Tilco-Braddovey stationary in basin-Failure of Natal to keep in proper alignment-Defendants' evidence rejected-Judgment for Braddovey against Natal-Action against A.P.C.M. barges dismissed.

THE "KINGSTOWN."

(1929) 35 Ll.L.Rep. 83

Collision between steam pilot cutter Queen Mother and steamship Kingstown in Barry Roads-Queen Mother, having taken off pilot from vessel in roads and having altered without warning from an "overtaken" to a "crossing" course, bound direct and at full speed for Barry Docks but exhibiting lights of a vessel on pilot duty-Lights to be exhibited-Duty of pilot vessels in such circumstances to observe regulations governing ordinary vessels-Bad look-out -Collision Regulations, Arts. 1, 8, 27, 29-Judgment for Kingstown.

LLOYD DEL PACIFICO v. BOARD OF TRADE.

(1929) 35 Ll.L.Rep. 87

Costs-Sale of ship-Breach of warranty- Arbitration-Award in favour of purchasers, vendors to pay part of purchasers' costs-Case stated-Judgment in favour of vendors - Effect upon arbitration costs.

BRITAIN S.S. COMPANY, LTD. v. BUNGE & CO., LTD.

(1929) 35 Ll.L.Rep. 88

Charter-party - Stevedoring charges - "Centrocon" charter - "Charterers have the option of appointing the stevedore at loading ports or places, said stevedore to be paid by the master at current rate(s)" - Construction- Charterers acting as own stevedores- Meaning of "current rate(s)"-Arbitration -Award favouring charterers' contentions - Doubt whether umpire had taken "open market" rates into consideration-Award remitted.

KING v. JACKSON.

(1929) 35 Ll.L.Rep. 92

Contract-Appointment as director-Claim for specific performance of an alleged verbal agreement between plaintiff and defendants whereby in consideration of plaintiff taking shares in company to be formed defendants agreed to procure appointment of plaintiff's son as director-Letter from defendants, setting out term that appointment was dependent upon company owning three ships, not repudiated by plaintiff- Failure of plaintiff to substantiate agreement as alleged in claim-Action dismissed, without costs.

THE "BRIAN."

(1929) 35 Ll.L.Rep. 99

Collision between sailing barge Arthur Relf and steamship Brian in Long Reach, River Thames-Barge tacking up river-Steamship at anchor-Port and starboard anchor chains twisted- Manoeuvres to free chains - Allegation that steamship sheered into barge -Finding that the steamship did not sheer but that the barge was navigated too close to the steamship-Judgment for steamship.

MONTAGUE L. MEYER, LTD. v. KIVISTO.

(1929) 35 Ll.L.Rep. 102

Sale of goods-Condition or warranty- Sale of timber "to be properly seasoned for shipment to the United Kingdom, and shall be of the shippers' usual bracking, average length and fair specification for such description of goods . . ."-Tender of timber not properly seasoned - Arbitration - Award-Finding by umpire that there was no breach of condition; that buyers were not entitled to reject but were entitled only to damages for breach of warranty-Award upheld.

UNITED STATES v. NEWPORT NEWS SHIPBUILDING & DRY DOCK COMPANY. (THE "AMERICA.") [Reprinted, with acknowledgments, from the "United States Daily."]

(1929) 35 Ll.L.Rep. 107

Negligence-Damage to ship by fire during repairs-Both ship-repairers' and ship's servants on board-Onus of proof- Seat of fire-"Best opportunity of knowing" - Whether ship-repairers liable for the damage occasioned by fire; if liable, whether shipowners' agreement with respect to insurance operated to relieve the shipyard of liability for the loss to the extent of the amount of insurance that the shipowners agreed to carry-"Provided, however, that the [shipowners] will continue the present hull, machinery and equipment insurance upon the vessel during the period the vessel is at the [ship-repairers'] yard, but the [ship-repairers] shall, at [their] own expense, protect the [shipowners] through a builder's risk insurance . . ." -Ambiguity-Admissibility of evidence showing circumstances leading up to and surrounding making of contract- Consideration for reduction in ship-repairers' bid-Held that the ship-repairers were liable for the fire damage, but that the shipowners contracted to carry the risk of fire on the hull, machinery and equipment up to a certain amount-Judgment for ship-repairers -Certiorari denied.

COSMOPOLITAN SHIPPING COMPANY v. HATTON & COOKSON. (THE "ROSTELLAN.")

(1929) 35 Ll.L.Rep. 117

Bill of lading-Claim by shipowners for balance of freight payable in advance - Counterclaim by cargo-owners for loss of cargo - Loss of schooner - Unseaworthiness or perils of the sea- African Steam Ship Company's bill of lading, Clause 2-Effect upon implied warranty of seaworthiness - Allegations of unseaworthiness in following respects: (1) that rudder was worm-eaten; (2) that vessel sailed with an inadequate supply of sails - Onus of proof-Held, on appeal, that the cargo-owners had not discharged the onus of proving that the vessel was unseaworthy; further, that in any case the shipowners took "all reasonable means . . . to provide against such unseaworthiness" and that the shipowners entrusted "to experienced or qualified officers, servants or agents the duty of providing against unseaworthiness" - Judgment for shipowners on claim and counterclaim.

KELLY v. JAMES CURRIE & CO.

(1929) 35 Ll.L.Rep. 133

Master and servant-Liability of master for servant's acts - Personal injuries sustained by stevedore - Repairs to masthead light by independent contractors - Offer by boatswain to climb mast and bring down light-Iron bar dropped by boatswain, injuring stevedore - Common law claim by stevedore against shipowners-Held that the accident did not arise while the boatswain was discharging a duty in the ordinary course of his employment, nor was there evidence of any emergency in which the boatswain had to protect the shipowners' interest-Claim dismissed.

JONES & ANOTHER v. PROVINCIAL INSURANCE COMPANY, LTD.

(1929) 35 Ll.L.Rep. 135

Insurance (motor-car)-Accident-Claim against insurance company-Construction of policy-"The insured shall take all reasonable steps to maintain such vehicle in an efficient condition"-Condition precedent to liability that insured should have observed terms, conditions and provisions of policy - Absence of foot brake on car-Arbitration - Finding of arbitrator that absence of brake constituted breach of a condition precedent to liability and that the insured was not entitled to recover under the policy - Arbitrator's award upheld.

THE "COLINTON"

(1929) 35 Ll.L.Rep. 136

Negligence - Foul berth - Damage to steamship - Claim against harbour authority - Discharge from sewer, forming mound in berth-Buckling of floors-Evidence of old damage-Prima facie proof by shipowners that new damage occurred in berth-Failure of harbour authority to substantiate alternative theory of cause of damage -Whether damage due to negligence of harbour authority - Obligations of harbour authority towards shipowners using berth - Evidence of heavy rainfall just before berthing and that building operations had been conducted on a large scale, both factors contributing towards heavy discharge by sewer-Immunity from accident for 27 years-Held that bearing in mind the special circumstances attending the berth, the harbour authority was prima facie negligent in taking no steps, by soundings or otherwise, before admitting the steamship to the berth; and that the harbour authority had not discharged the onus of proving that it was in excusable ignorance of the condition of the berth - Judgment for shipowners.

"SANDGATE" (OWNERS) v. W. S. PARTRIDGE & CO.

(1929) 35 Ll.L.Rep. 151

Charter-party-Dispatch money-Lay days -"(7) Cargo [of coal] to be taken from alongside by consignees . . . at the average rate of 125 tons per working hatch per day . . . provided, vessel can deliver at this rate. . . . Consignees shall not be obliged to take cargo from alongside as per Clause 7 at a higher rate than 500 tons per day" - Four cargo hatches - Meaning of "working hatch" - Held that the charterers' obligation was to take cargo at the rate of 125 tons per hatch which was capable of being worked, i.e., which contained coal - Shipowners' appeal dismissed.

THE "BROADGARTH."

(1929) 35 Ll.L.Rep. 153

Collision between auxiliary sailing vessel Lydia Cardell and steamship Broadgarth off Flamborough Head during thick fog-Whether Lydia Cardell was sounding her horn-Held that the horn was being sounded and that the Broadgarth was travelling at excessive speed -Broadgarth found alone to blame.

JOHN MURRAY v. ELLERMAN LINES, LTD. (OWNERS OF THE STEAMSHIP "CROXTETH HALL"); JOSEPH COMERFORD v. WHITE STAR LINE (OWNERS OF THE STEAMSHIP "CELTIC").

(1929) 35 Ll.L.Rep. 157

Seamen - Wreck - Wages - Unemployment - Services terminated by wreck short time before probable completion of voyage under articles-Right of seamen (1) to subsistence allowance; (2) to two months' wages - "Shall . . . be entitled, in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of the service, to receive wages at the rate to which he was entitled at that date"-Construction- Held that, as the shipowner had not discharged the onus of proving that other suitable employment was available, the seaman was entitled under the Act to two months' wages from the date of the termination of his service by the wreck; but that the statute did not include subsistence money - Merchant Shipping (International Labour Conventions) Act, 1925, Sect. 1 (1), (2).

SKIBSAKTIESELSKAPET THOR. THORESENS LINJE v. H. TYRER & Co., LTD.

(1929) 35 Ll.L.Rep. 163

Bill of lading-Delivery of cargo by ship's agents against personal indemnity of importers-Action brought by bank (holders of bills of lading) against shipowners for conversion-Settlement of action - Claim by shipowners against ship's agents for indemnity- Held that as the shipowners were liable to the bank for conversion their settlement of the action brought by the bank was proper and they were entitled to recover the amount paid to the bank from the ship's agents, who had no express or implied authority to deliver other than against production of the bills of lading-Judgment for shipowners.

BERRY, BARCLAY & CO. v. LOUIS DREYFUS & CO.

(1929) 35 Ll.L.Rep. 173

Contract-Sale of goods-London Corn Trade Association Contract, No. 14- Shipment-Loading of "A" wheat (in bags) in holds Nos. 1, 2 and 4; of "B" wheat (in bags) in holds Nos. 1, 2, 4 and 5-"A" wheat of similar quality to but of different description from "B" wheat-Escape of "loose" in No. 4 hold-Finding of arbitrators that "pro rata" clause applied to whole cargo-Held that there was no commingling or absence of distinction in loading; that "the larger quantity" referred to a single entity within the same compartment; and that therefore the clause did not apply.

THE "TOVARISCH."

(1929) 35 Ll.L.Rep. 183

Collision between steamship Alcantara and barque Tovarisch in English Channel -Alcantara sunk - Vessels in position to pass safely green to green - Starboarding by Tovarisch with exhibition of green flare-up light on starboard side-Porting by Alcantara across bows of Tovarisch-Porting by Tovarisch- Collision Regulations, Arts. 1, 12-Construction -Held that the exhibition of the green flare-up light should have indicated to the Alcantara that the Tovarisch was wishing to call attention to her character, i.e., that she was a long sailing vessel; that its exhibition or colour was not in breach of the Collision Regulations; that the Alcantara was to blame in porting across the bows of the Tovarisch; and that the Tovarisch was not to blame in regard to her helm action-Appeal allowed- Alcantara found alone to blame.

THE "IKALA."

(1929) 35 Ll.L.Rep. 191

Collision - Damages - Reference-Thirteen days' loss of use of oil-carrying vessel in commercial service during war period - Basis of assessment - Vessel exempted from requisition on undertaking of owners to employ her in carrying lubricating oil-Quantity of oil for import controlled by Government- Objection to Registrar's report-Case sent back by House of Lords-Second reference-Further evidence that the full quota of oil was not completed during collision year-Plaintiffs awarded, as damages, profit-earning capacity of tonnage lost by 13 days' detention, based upon the cost of chartered tonnage -Appeal dismissed.

THE "CRISPIN."

(1929) 35 Ll.L.Rep. 197

Practice - Collision action settled - Damages agreed-Interest-Reference to Registrar-Delay in prosecution of action-Deduction of 312 years' interest from plaintiffs' claim; of 2 years' interest from defendants' claim-Discretion of Registrar-Motion by defendants in objection to Registrar's report dismissed-Appeal dismissed.

THE "GLENOGLE."

(1929) 35 Ll.L.Rep. 198

Collision between steamship City of Bedford and motor vessel Glenogle off Kiu Toan Light-vessel, River Yang-tse Kiang, during dense fog-Manoeuvres by City of Bedford after collision with light-vessel-Signals blown indicating that she was stopped-Held that the City of Bedford was not stopped at the material time; that she was sounding misleading signals; and that the Glenogle was proceeding at excessive speed -Vessels found equally to blame.

GULF & SOUTHERN STEAMSHIP COMPANY, INC. v. BRITISH TRADERS' INSURANCE COMPANY, LTD.

(1929) 35 Ll.L.Rep. 203

Insurance (marine)-Loss of vessel and cargo-Cargo carried by insured with all charges collect "- Freight in process of being earned-Insurance "on cargo of any kind owned by the assured and on the assured's liability to others in respect of cargo of any kind . . . and also to cover upon any advances made by and payment of back charges made by or due from said assured and upon any charges of said assured upon said cargo or any portion thereof . . ." - Construction - Meaning of "charges upon cargo" - Held that "charges upon cargo" covered freight which was in process of being earned.

CANADA ATLANTIC GRAIN EXPORT COMPANY (INC.) v. EILERS AND OTHERS.

(1929) 35 Ll.L.Rep. 206

Sale of goods (c.i.f.) - Rejection (barley) by buyers-Claim by sellers for damages for breach-London Corn Trade Association Contract, No. 30- "Official certificate of inspection to be final as to quality . . . The grain is not warranted free from defect, rendering the same unmerchantable, which would not be apparent on reasonable examination . . ." - Certificates of inspection issued by U.S. Government inspectors-Barley affected by fusarium roseum apparent only on bacteriological examination - Arbitrators' finding that sellers had no suspicion of defect- Held that "reasonable examination" limited the extent of the sellers' warranty as to quality; further, that no grounds were shown for upsetting the arbitrators' award that the barley was merchantable-Sale of Goods Act, 1893, Sects. 14 (1), (2), 34 (1).

RELIANCE TRADING COMPANY (MANCHESTER), LTD. v. HAUGHTON.

(1929) 35 Ll.L.Rep. 214

Contract-Hire purchase agreement or bill of sale-Sale of motor car-Agreement by hire purchase finance company (plaintiffs) to let to let hirer (defendant) for an immediate payment followed 12 monthly payments; provided all payments punctually made hirer to have option of purchase for nominal sum; in default agreement to come to an end and owners to resume possession; due performance guaranteed by X (original owners) - Whether the agreement genuinely represented the transaction, i.e., that there was an actual sale by X to plaintiffs who hired car to defendant, or whether the transaction was in fact a loan by plaintiffs to defendant, with the car as security, and should have been registered as a bill of sale-Onus of proof-Evidence of facts surrounding making of agreement- Held that there was an actual sale by X to plaintiffs and that the hire purchase agreement was valid-Maas v. Pepper, [1905] A.C. 102, distinguished.

LLOYD DEL PACIFICO v. BOARD OF TRADE.

(1929) 35 Ll.L.Rep. 217

Sale of ship-Breach of warranty-Sale by Shipping Controller to Italian shipowners -"(5) The steamer with her broached stores spare gear and outfit shall be taken with all faults and errors of description without any allowance or abatement"-Meaning of "faults and errors of description"- Fitness of vessel as cargo-carrier-Commercial unsuitability of design-Arbitration - Finding by umpire that vessel was not reasonably fit for the purpose for which she was required and that she was not of merchantable quality-Award of damages-Held that the facts did not bring the case within Sect. 14 (1) or (2) of the Sale of Goods Act, 1893; further, that in any case such cause of action was excluded by Clause 5 of the agreement-Appeal dismissed.

THE "LINKMOOR."

(1929) 35 Ll.L.Rep. 225

Collision between steamships Artea Mendi and Linkmoor off Ushant in broad daylight -Whether on overtaking or crossing courses-Held that the vessels were on crossing courses; that the Linkmoor was the give-way vessel; that she failed to give way in time; that the Artea Mendi should have taken action earlier; and that her action when taken was insufficient -Both vessels found to blame -Apportionment: Artea Mendi, one-third; Linkmoor, two-thirds.

THE "ST. PATRICK."

(1929) 35 Ll.L.Rep. 231

Salvage or towage-Services rendered by tug Dongarth to steamship St. Patrick (with no motive power or steam whistle)-Contract to tow from Liverpool to Preston to be broken up-Very heavy weather-Accidents with tow rope-St. Patrick anchored off Nelson Buoy-Parting of anchors-Risk of stranding-Connection again made and St. Patrick towed back to Liverpool- Whether tow ropes efficient-Held that the ropes were efficient; that there was no want of skill on the part of the tug; and that the parting of the anchors, with the consequent risk of stranding, altered the towage service to a salvage service-The Homewood, 31 Ll.L.Rep. 336, applied-£1000 awarded on salved values of £8000.

GULLETT v. EVANS AND OTHERS.

(1929) 35 Ll.L.Rep. 239

Insurance - Reinsurance - Losses sustained by American unincorporated mutual insurance association - Six policies each covering twelve months - Whether policies covered risk of casualties during the policy periods in question which might lead to assessments or whether they covered the risk of assessments made during the policy periods in question-Construction of policies-Rectification of policy No. 5 -Intention of parties-Held that the policies covered the risk of assessments made during the policy periods in question; as regards policy No. 5 that the cover given was in accordance with that sought by the insurance association's agent in England (whose authority was not questioned) and that the plaintiff's right to rectification was not established-Defendants' claims for rectification not necessary to decide- Findings of fact - Judgment for defendants.

THOMPSON & NORRIS MANUFACTURING COMPANY, LTD. v. P. H. ARDLEY & CO.

(1929) 35 Ll.L.Rep. 248

Lighterage-Unseaworthiness-Damage to cargo (machinery)-Leak in barge- Loading of machinery from vessel A in Millwall Dock; of further cargo from vessel B in Millwall Dock-Discovery of hole in barge between loading of two cargoes-Beaching of barge-Barge pumped out and towed to destination- Finding that most of damage was done on voyage-London Lighterage Clause -Voyage in stages-Held that there was only one loading; that the vessel was unseaworthy at the commencement of her voyage; and that the London Lighterage Clause did not protect the lightermen, who were accordingly liable for the damage.

SHAW, SAVILL & ALBION COMPANY, LTD. v. BOARD OF TRADE.

(1929) 35 Ll.L.Rep. 253

Ship-Requisition-War risk insurance- Vessel building-Requisition before completion-Government service immediately vessel completed-Vessel entered in insurance associations-Entry into associations (by rules) ante-dated- Liability of shipowners for calls made by associations in respect of accounting period back to entry date-Claim by shipowners against Government- Whether calls should be apportioned between shipowners and Government- Heads of Arrangement (Liner Requisition Scheme), Clause 5 (G) (e): (I) (3) "Such deficiency shall be deemed to have accrued during such period from day to day. The amount chargeable in the account shall be such proportion of the amount ascertained . . . in respect of each vessel as is attributable to the part of the period after the date upon which the vessel came on hire to the Government" - Construction - Held that, as the whole of the contributions was occasioned by the vessel's service after delivery to the Government, the Government was liable-Appeal (Lawrence, L.J., dissenting) dismissed.

MONTAGUE L. MEYER, LTD. v. KIVISTO.

(1929) 35 Ll.L.Rep. 265

Sale of goods-Condition or warranty- Sale of timber "to be properly seasoned for shipment to the United Kingdom, and shall be of the shippers' usual bracking, average length and fair specification for such description of goods. . . . Buyers shall not reject the goods herein specified, but shall accept and pay for them in terms of contract against shipping documents"-Tender of timber not properly seasoned- Rejection - Arbitration - Award - Held that as the timber delivered was according to specification the buyers were not entitled to reject but were entitled only to damages for breach of warranty-Award upheld.

STANDARD OIL COMPANY v. H.M. PROCURATOR-GENERAL. (THE "LLAMA.")

(1929) 35 Ll.L.Rep. 268

Prize-Loss of ship-Claim by foreign shipowners against British Government -Vessel boarded by Naval guard in exercise of right of visit and search -Direction given by officer to proceed to Kirkwall-Vessel sunk through striking rock in Westray Firth-Whether boarding officer (1) gave orders to proceed to Kirkwall via Westray Firth and (2) assumed control of navigation- Held as to (1) that it was not proved that the boarding officer gave orders as to route, that in any case that was not the cause of the casualty; as to (2) that the control of the navigation remained in the hands of the master and crew and that the casualty occurred in the exercise of that control-Claim dismissed.

DIRECTOR OF PUBLIC PROSECUTIONS v. MANCHESTER SHIP CANAL COMPANY.

(1929) 35 Ll.L.Rep. 272

Docks Regulations, 1925 (S. R. & O., 1925, No. 231)-Ship-Hatch covers-Unloading finished - Failure of canal company to cover or fence hatches which they had used-Conviction under Factory and Workshop Act, 1901- Appeal-Held that the covering or fencing of hatches was part of the process of unloading and that the hatches used by appellants during unloading should have been fenced or covered upon cessation of the work-Appeal dismissed.

REARDON SMITH LINE, LTD. v. CAYZER, IRVINE & CO., LTD., AND CLAN LINE, LTD.

(1929) 35 Ll.L.Rep. 277

Charter-party-Freight-Claim by shipowners against C.I. & Co. - Alleged failure to account for portion of freight - Charterers joined as defendants - Alternative liability - Sum paid into Court by charterers and taken out by shipowners in satisfaction -Whether C.I. & Co. ship's agents or charterers' agents-Course of business between C.I. & Co. and charterers - Held that C.I. & Co. were agents for the charterers and that they were under no duty to account to shipowners; that the action was wrongly brought against C.I. & Co; further, that the sum taken out by Shipowners in satisfaction had the same effect as if recovered in satisfaction of a judgment against the charterers and therefore that the shipowners could not now claim against C.I. & Co., who were accordingly entitled to judgment, with costs.

BRITAIN S.S. COMPANY, LTD. v. BUNGE & CO., LTD.

(1929) 35 Ll.L.Rep. 282

Charter-party - Stevedoring charges - "Centrocon" charter - "Charterers have the option of appointing the stevedore at loading ports or places, said stevedore to be paid by the master at current rate(s)"-Construction - Charterers acting as own stevedores- Meaning of "current rates"-Arbitration - Award favouring charterers' contentions - Doubt whether umpire had taken "open market" rates into consideration - Award remitted - "Current rate(s)" reconsidered - Supplementary award in favour of shipowners - Judgment entered for shipowners, with costs.

Lloyd's Law Reports