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SIMONS (TRADING AS ACME CREDIT SERVICES) v. GALE. (THE "CAP TARIFA.")

[1958] 2 Lloyd's Rep 1

Marine contingency insurance - Breach of warranty - "All arrangements for conversion of vessel made at inception of insurance" - Meaning of "inception of insurance" - Whether firm contract made for conversion of vessel - Onus of proof as to breach or fulfilment of warranty.

AIREY v. AIREY.

[1958] 2 Lloyd's Rep 8

Limitation of action - Tort - Claim against estate of deceased tortfeasor - Whether an action "for which a period of limitation is prescribed by any other enactment" - Law Reform (Miscellaneous Provisions) Act, 1934, Sect. 1 - Limitation Act, 1939, Sects. 2, 32.

UNIVERSAL CARGO CARRIERS CORPORATION v. PEDRO CITATI.

[1958] 2 Lloyd's Rep 17

Costs - Remission of award - Costs of hearing up to time of remission and costs of remission awarded against party seeking remission although successful in the action - Allegation that remission was unnecessary - Whether Court able to draw inferences of tact from award. Arbitration - Award - Power of Court to draw inferences of fact from award.

THE "LADYWELL" (HIRERS AND CARGO OWNERS) v. PORT OF LONDON AUTHORITY. (THE "LADYWELL.")

[1958] 2 Lloyd's Rep 24

Docks and ports - Invitees - Foreseeable damage - Barge, left unattended, jammed athwart entrance to disused dry dock - Breach of statutory duty in leaving barge unattended - Knowledge of dock authority - Whether dock authority took reasonable care to prevent damage - Port of London (Consolidation) Act, 1920, Sect. 155 (2).

THE "HAMTUN," THE "CALSHOT" AND THE "GLADSTONE" (OWNERS, MASTERS, OFFICERS AND CREWS) v. MINISTRY OF TRANSPORT AND CIVIL AVIATION. (THE "NEW AUSTRALIA.")

[1958] 2 Lloyd's Rep 35

Salvage - Assessment of award - Prompt services to vessel not under command in harbour - Apportionment of award between owners, masters and crews.

COCKERILL v. WILLIAM CORY & SON, LTD.

[1958] 2 Lloyd's Rep 40

Docks Regulations, 1934 - Hatch covers not restored - Boatswain killed in fall into hold - Liability of shipowners - Alleged negligence and/or breach of Regulation 45 - Applicability of Regulation 45 to all hatch covers - Whether process of loading still continuing while vessel shifting to buoys.

ARMOUR & CO. v. COMPANIA ARGENTINA DE NAVEGACION DODERO, S.A.*

[1958] 2 Lloyd's Rep 49

Carriage of goods by sea - Damage to cargo by condensation - Bad ventilation - Liability of shipowners.

LAMPORT & HOLT LINE, LTD. v. LANGWELL (H.M. INSPECTOR OF TAXES).

[1958] 2 Lloyd's Rep 53

Revenue - Income tax - Sale of shares - Payment - Whether moneys paid by purchasers commission or part of purchase price - Construction of agreement for sale.

PHOEBUS D. KYPRIANOU v. CYPRUS TEXTILES, LTD.

[1958] 2 Lloyd's Rep 60

Sale of goods (c.i.f.) - Non-performance - Refusal of government to grant export licence until certificate provided by buyers - Delay by buyers in obtaining certificate - Licence granted at end of shipment period - Alleged impossibility of performance owing to "executive act" of government - Possibility of alternative method of performance - Incorporated Oil Seed Association Contract No. 8.

AGRIMPEX HUNGARIAN TRADING COMPANY FOR AGRICULTURAL PRODUCTS v. SOCIEDAD FINANCIERA DE BIENES RAICES, S.A.

[1958] 2 Lloyd's Rep 65

Charter-party - Demurrage - Commencement of lay days - "Arrived ship" - Arrival of vessel in Buenos Aires Roads off port - Argentine Government order requiring vessels to wait in Roads owing to congestion in dock area - Loading permit (giro) not obtained by shipowners - Issue of loading permit dependent upon obtaining a certificate by charterers' agents and availability of cargo - Effect of omission to obtain permits - Duty on charterers as to availability of cargo.

MANCHESTER SHIP CANAL COMPANY v. MINISTER OF TRANSPORT AND CIVIL AVIATION AND THE UPPER MERSEY NAVIGATION COMMISSIONERS.

[1958] 2 Lloyd's Rep 81

Inland waterway - Transport charges - Revision of charges - Application for declaration that charges were not charges which the undertakers were authorized to demand in pursuance of any statutory provision and that Order revising charges was ultra vires - Meaning of "charges" - Manchester Ship Canal Act, 1893, Sect. 35 - Transport Charges &c. (Miscellaneous Provisions) Act, 1954, Sect. 6 - Upper Mersey Navigation (Revision of Charges) Order, 1956. Costs - Construction of statutes - Submission that, all parties being public bodies, there should be no order as to costs.

PICK v. MANUFACTURERS LIFE INSURANCE COMPANY.

[1958] 2 Lloyd's Rep 93

Life insurance - Policy moneys - Where payable - Proper law of contract - Construction of contract - Whether policy moneys only payable in Israel in Israeli currency - Discretion of Court to make declaration.

GRAVES v. J. & E. HALL, LTD.

[1958] 2 Lloyd's Rep 100

Master and servant - System of working - Safe plant and appliances - Use of ship's rope by refrigeration engineers to lift refrigerator condenser - Refrigeration engineers' employee injured when rope broke - Lack of instruction as to selection of ropes - Dispute as to whether disability in knee was caused by accident - Liability of refrigeration engineers. Docks Regulations, 1934 - Removal of refrigerator condenser from refrigeration room of vessel - Injury to refrigeration engineers' employee - Applicability of Docks Regulations - Whether condensers were "goods" within Regulations.

GIBBON v. COMMERZ UND CREDITBANK AKTIENGESELLSCHAFT AND OTHERS.

[1958] 2 Lloyd's Rep 113

Practice - Writ - Service of notice of writ outside jurisdiction - Alleged breach of agreement of compromise of claim under policies - Defendants domiciled in Germany - Whether agreement concluded in London or Hamburg - Discretion of Court - R.S.C., Order 11, r. 1 (e).

LEEDS SHIPPING COMPANY, LTD. v. SOCIETE FRANCAISE BUNGE

[1958] 2 Lloyd's Rep 127

Charter-party - "Safe ports in Morocco" - Port unsafe in certain unpredictable weather conditions - Grounding of vessel while attempting to leave port during such weather conditions - Claim by shipowners alleging that port was not a safe port - Whether master voluntarily assumed risk - Alleged negligence of master - Causation - Liability of charterers - Appeal - Motion to adduce fresh evidence. Damages - Clause in charter-party limiting damages to amount of freight - Enforceability.

HALIFAX OVERSEAS FREIGHTERS, LTD. v. RASNO EXPORT; TECHNOPROMINPORT; AND POLSKIE LINIE OCEANICZNE P.P.W. (THE "PINE HILL.")

[1958] 2 Lloyd's Rep 146

Practice - Stay of proceedings - Arbitration clause in charter-party, but not in bills of lading issued by charterers - Action commenced by shipowners against bills of lading holders and and charterers - Application by charterers to stay proceedings against them, under Arbitration Act, 1950, Sect. 4.

FITZPATRICK v. C. & H. CRICHTON, LTD.

[1958] 2 Lloyd's Rep 154

Shipbuilding Regulations, 1931 - Staging - Width - Workman's fall from staging while striking spanner to remove nut from propeller shaft of vessel in dry dock - Staging 14 ft. high and 18 in. wide - Whether sufficient - Allegation that method of securing spanner was negligent - Shipbuilding Regulations, 1931, Regulation 14.

KRAWILL MACHINERY CORPORATION AND OTHERS v. ROBERT C. HERD & CO., INC.

[1958] 2 Lloyd's Rep 159

Limitation of liability - Stevedore' right to limitation under bill of lading terms and/or under U.S. Carriage of Goods by Sea Act, 1936 ("Cogsa") - Sects. 1 (e), 3, 4 (5) - Interest on damages.

CARAPANAYOTI & CO., LTD. v. E. T. GREEN, LTD.

[1958] 2 Lloyd's Rep 169

Sale of goods (c.i.f.) - Frustration - Non-performance - Customary route via Suez Canal - Closing of Canal - Whether carriage to be by customary route at date of contract - Alleged implied term that Canal would be available on shipment date - Applicability of doctrine of frustration to contract for sale of unascertained goods - London Cattle Food Trade Association Contract No. 6 (c.i.f.).

MOORE v. METCALF MOTOR COASTERS, LTD.

[1958] 2 Lloyd's Rep 179

Master and servant - Means of access - Gangway from ship to shore - Death of seaman by drowning - Dispute as to cause - Alleged fall from defective gangway - Whether stanchion on gangway detective or unsuitable - System of maintenance - Contributory negligence - Docks Regulations, 1934, Regulation 9. Limitation of liability - Death of seaman while returning to ship - Alleged defective gangway - Whether seaman "being carried in the ship" - Actual fault or privity of owners - Merchant Shipping Act, 1894, Sect. 503.

BOVELL v. PORT OF LONDON AUTHORITY.

[1958] 2 Lloyd's Rep 191

Master and servant - Fellow-employe - System of working - Unnecessary danger - Truck carrying empty metal skip - Injury to dock worker by falling skip - Liability of employers.

EDWARDS v. A/S LUNDEGAARD.

[1958] 2 Lloyd's Rep 193

Docks Regulations, 1934 - Lighting - Shore gang rigger's tall on 'tween deck of vessel in dock - Allegation that lighting was inefficient - Regulation 12.

ARNOLD v. THE WAR OFFICE.

[1958] 2 Lloyd's Rep 199

Master and servant - Safe premises - Ladder in ship's hold - Seaman injured in falling down ladder, while carrying teapot - Alleged defective ladder, lack of supervision, and absence of means of lowering food into hold - Contributory negligence.

PRESIDENT OF INDIA v. MOOR LINE, LTD.*

[1958] 2 Lloyd's Rep 205

Charter-party - Time lost in loading owing to labour shortage - Inability of shipowners to obtain labour to work overtime - Claim for dispatch money or damages - Alleged duty on shipowners to provide labour - Construction of Australian Grain charter-party. Charter-party - Charterer's "right of sending the cargo alongside continuously . . . and the vessel shall be bound to proceed with the loading" - Meaning - Whether loading to be continuous over the whole loading period.

ASHFORD v. SCRUTTONS, LTD.

[1958] 2 Lloyd's Rep 223

Master and servant - System of working - Unnecessary risk - Fellow-employees - Transporting pipes by mobile crane - Injury to dock labourer guiding piper - Alleged negligence of member of gang and crane-driver - Supervision - Contributory negligence.

THE "SALTARO" (OWNERS AND CARGO-OWNERS) v. BRITISH TRANSPORT COMMISSION. BRITISH TRANSPORT COMMISSION v. THE "SALTARO" (OWNERS AND PARTIES INTERESTED THEREIN).

[1958] 2 Lloyd's Rep 232

Negligent navigation - Grounding of vessel in approach channel to port - Alleged negligence of port authority in failing to supply tugs and/or in failing to warn pilot of cut in tide - Negligence of pilot - Look-out - Liability of port authority to shipowners and cargo-owners. Docks and ports - Port-user contract - Grounding of vessel in approach channel to port - Alleged breach of contract by port authority in that channel was not safe and in that port authority failed to warn pilot of cut in tide - Liability of port authority to shipowners and cargo-owners. Towage - Tug supply contract - Incorporation of United Kingdom Standard Towage Conditions - Grounding of vessel in approach channel to port - Allegedly due to tugs not being available and vessel being obliged to hold back - Liability of port authority to shipowners and cargo-owners - Effect of Clause 6 of Conditions. Docks and ports - Wreck - Grounding of vessel in approach channel to port - Back of vessel broken - Fore part abandoned - Damage to channel - Expenses incurred by port authority in lighting, buoying and removing wreck - Claim by port authority against shipowners and those interested in vessel - Alleged negligence of pilot - Liability of shipowners and those interested in vessel.

RIVERSTONE MEAT COMPANY, PTY., LTD. v. LANCASHIRE SHIPPING COMPANY, LTD. (THE "MUNCASTER CASTLE.")

[1958] 2 Lloyd's Rep 255

Carriage of goods by sea-Unseaworthiness-Bad stowage-Sea-water damage to cargo in hold of vessel-Claim by cargo-owners-Liability of shipowners for unseaworthiness resulting from negligence of ship-repairers' employee; from alleged bad design of vessel's sounding and drainage arrangements; and from close stowage of cargo, preventing drainage of water; and for failing to take soundings- "Due diligence"-"Act, neglect or default . . . in the navigation or in the management of the ship"-Australian Sea-Carriage of Goods Act, 1924, Art. III, r. 1, Art. IV, rr. 1, 2(a).

INTERNATIONAL MILLING COMPANY v. THE "PERSEUS" AND NICHOLSON TRANSIT COMPANY AND OTHERS.*

[1958] 2 Lloyd's Rep 272

Carriage of goods by sea-Liability of master to cargo-owners-Alleged negligence of master causing damage to cargo-Whether master exempt from liability under U.S. Carriage of goods by Sea Act, 1936.

HOURIGAN v. MARIBLANCA NAVEGACION, S.A.

[1958] 2 Lloyd's Rep 277

Negligence-Invitee-Boatman drowned while leaving vessel-Allegation that boatman remained on board for an unreasonable time after conclusion of business-Whether period of invitation had determined-Extent of duty of care owed by shipowners to boatman.

THE "PROSPECTOR."

[1958] 2 Lloyd's Rep 288

Collision-River-Anchored vessel-Alleged sheering by anchored vessel - Seamanship - Look-out-Whether vessel properly anchored -Safety of anchorage.

G. SIGALAS SONS v. MAN MOHAN SINGH & CO.

[1958] 2 Lloyd's Rep 298

Arbitration-Extension of time in which to appoint an arbitrator-Alleged misunderstanding as to terms of arbitration clause- Arbitration Act, 1950, Sect. 27.

IN RE ONOFRIO MINERVINI.

[1958] 2 Lloyd's Rep 303

"Habeas corpus ad subjiciendum"-Murder on board ship at sea-Extradition proceedings- Whether crime within Extradition Treaty- Meaning of "territory"-Whether applicable to a ship-Extradition Treaty with Sweden and Norway, 1873-Extradition Act, 1870. Practice-Extradition-Writ of "habeas corpus ad subjiciendum"-Whether requisitioning Government entitled to be heard-R.S.C., Order 59, r. 17.

MANSER v. PORT OF LONDON AUTHORITY.

[1958] 2 Lloyd's Rep 306

Negligence-Sets of mixed cargo being prepared on quayside for loading into vessel-Injury to stevedore-Alleged negligence of trucker -Liability of trucker's employers-Special damages.

FRANCIS H. NEWMAN (SHIPYARDS), LTD. v. WATTS.

[1958] 2 Lloyd's Rep 313

Sale of ship-Non-performance-Alleged conditional acceptance "subject to boat being unsold"-Whether firm contract concluded before sale of boat to third party.

MOUAT v. BETTS MOTORS, LTD.

[1958] 2 Lloyd's Rep 321

Sale of goods - Sale of motor car in breach of covenant - New Zealand price controls - Whether covenant part of "price"-Meaning of "price"-Legality of covenant-Measure of damages-Basis of market price in surreptitious market - New Zealand Control of Prices Act, 1947.

THE "SHERFIELD."

[1958] 2 Lloyd's Rep 327

Collision-River-Starboard-hand rule-Crossing rule-Excessive speed-Lights-Look-out- Signals-Alleged drunkenness of crew-Vessel navigating on her wrong side of channel- Maintenance of course and speed-Seamanship.

THE "ROYAL BEECH."

[1958] 2 Lloyd's Rep 335

Negligent navigation-Docks-Barge shifting berth -Alleged collision with vessel moored to quay.

STEAMSHIP COMPANY OF 1912 & STEAMSHIP COMPANY SVENDBORG v. ANGLO-AMERICAN GRAIN COMPANY, LTD. (THE "LEISE M'RSK.")

[1958] 2 Lloyd's Rep 341

Arbitration-Extension of time for appointment of arbitrator - Misunderstanding - Arbitration Act, 1950, Sect. 27.

McDOUGALL v. AEROMARINE OF EMSWORTH, LTD.

[1958] 2 Lloyd's Rep 345

Sale of ship-Rejection-Unfltness for purpose- Wrongful repudiation by builders-Claim by buyer for return of purchase price-Liability of builders-Ship and Boat Builders National Federation Contract - Passing of property - Meaning of "performance."

LYNCH v. FURNESS, WITHY & CO., LTD., AND PACIFIC STEAM NAVIGATION COMPANY, LTD.

[1958] 2 Lloyd's Rep 360

Negligence-Unloading of vessel in dock-Lighting -Uneven surface of bagged cargo-Injury to stevedore working in hold - Liability of employers-Contributory negligence. Docks Regulations, 1934-Lighting-Unloading of vessel in dock - Uneven surface of bagged cargo-Injury to stevedore working in hold -Liability of shipowners-Contributory negligence -Regulation 12.

GRAHAM v. COPTHALL SHIPPING COMPANY, LTD.

[1958] 2 Lloyd's Rep 366

Master and servant-System of working-Mooring of vessel-Leg of young seaman trapped in bight of wire-Alleged insufficiency of officers and crew to carry out operation - Whether seaman qualified to handle wire - Alleged negligent use of engines - Liability of shipowners.

ELLIS v. OCEAN STEAM SHIP COMPANY, LTD.

[1958] 2 Lloyd's Rep 373

Master and servant-Unnecessary risk-Seaman lost overboard while clearing scuppers at sea-Lack of supervision-Foreseeable danger -Liability of shipowners.

THE "MARINEGRA."

[1958] 2 Lloyd's Rep 385

Collision - River - Steerage-way - Vessel not answering helm-Approaching vessel aware that other vessel was having difficulty in rounding bend in river - Maintenance of course and speed - Alleged negligent loss of steerage-way. Costs of bringing successful party's witness, who was not called, to this country-Reference to Taxing Officer.

BLACKETT v. SHAW SAVILL & ALBION COMPANY, LTD.

[1958] 2 Lloyd's Rep 394

Master and servant-Safe plant and appliances- System of working-Trucking of meat on two-wheeled trolley fitted with backboard- Injury to dock labourer pulling trolley- Whether a suitable trolley-Liability of employers.

SOUTH AFRICAN DISPATCH LINE v. THE "NIKI" (OWNERS).

[1958] 2 Lloyd's Rep 401

Charter-party-Strike at loading port-Exceptions clause-"Charterers shall not be responsible for any delay if the cargo intended for shipment . . . cannot be . . . loaded . . . by reason of . . . strikes"-Charter-party providing for alternative loading ports and alternative cargoes-Whether charterers entitled to keep vessel at port until strike affecting particular cargo ended and that cargo could be loaded- Whether charterers entitled to send vessel to strike-bound port-Duty on charterers to provide alternative cargo-Meaning of "intended cargo".

THOMAS W. WARD, LTD. v. ALEXANDER BRUCE (GRAYS), LTD.

[1958] 2 Lloyd's Rep 412

Docks and ports-User-Dock owner's and wharf owner's right in common to use dock-Right of dock owner to dredge bed of dock so as to interfere with wharf owner's use-Whether wharf owner had prescriptive right to strand vessels on bed of dock or had acquired a title to that land under Limitation Act, 1939.

THE "GUARD MAVOLINE."

[1958] 2 Lloyd's Rep 420

Collision - Narrow channel - Vessel crossing channel - Starboard-hand rule - Look-out - Seamanship.

REGINA FUR COMPANY, LTD. v. BOSSOM.

[1958] 2 Lloyd's Rep 425

Insurance - All risks - Alleged loss of furs by breaking and entering and stealing-Whether furs stolen-Pleading-Plaintiffs put to strict proof - Onus of proof - Appeal - Whether Judge was mistaken in his view of witness.

WILLIS v. UNIMARINE, LTD.

[1958] 2 Lloyd's Rep 436

Master and servant-Fellow-employee-System of working - Removing of hatch covers on vessel in dock - Use of derrick - Injury to ship's rigger avoiding swinging hatch cover -Negligence of hatchwayman-Contributory negligence-Measure of damages.

BROWN v. SCRUTTONS, LTD.

[1958] 2 Lloyd's Rep 440

Master and servant - Unnecessary risk - Fellow-employees -System of working-Unloading of graphite in bags from hold of vessel in dock- Slippery bags-Fall of bags on to stevedore's leg - Foreseeability - Alleged negligence of fellow-employees-Liability of employers.

EFPLOIA SHIPPING CORPORATION, LTD. v. CANADIAN TRANSPORT COMPANY, LTD. (THE "PANTANASSA.")

[1958] 2 Lloyd's Rep 449

Charter-party - Bunkering clause - Charterers to "take over and pay for all fuel remaining on board the vessel, the vessel to be delivered with bunkers as aboard at current Moji price . . . (expected about 6/700 tons)" - Larger quantity on board when vessel delivered - Claim by shipowners for Moji price of total quantity on board - Counterclaim by charterers for reduction of price on balance - Meaning of "expected about 6/700 tons" - Obligations of shipowners and charterers as to fuel on board on delivery of vessel-Meaning of "bunkers as aboard."

WESLEY v. HARGREAVES COAL & SHIPPING, LTD.

[1958] 2 Lloyd's Rep 459

Master and servant - Safe premises - Explosion and fire on board ship-Injury to boatswain- Dispute as to cause of explosion - Whether cargo of gas-coal properly ventilated - "Res ipsa loquitur."

THE "DONNACONA II."

[1958] 2 Lloyd's Rep 463

Collision - Narrow channel - Crossing vessels - Starboard-hand rule.

RAPALLI v. K. L. TAKE, LTD.

[1958] 2 Lloyd's Rep 469

Sale of goods (c. & f.) - Description - Quality - Merchantability - Rejection by buyers of consignment of "medium" onions-7 per cent. undersized and 6 per cent. sprouting - Whether buyers entitled to reject - "De minimis" rule. Sale of goods (c. & f.) - Offer and acceptance - Non-acceptance of consignment of cauliflowers - Whether firm offer by buyers accepted by seller by shipping goods - Alleged waiver if no notification of acceptance-Whether parties "ad idem" as to kind of cauliflowers - Meaning of "interested."

THE "DAVANGER."

[1958] 2 Lloyd's Rep 484

Collision - Seamanship - Vessels dropping and picking up pilot-Starboard side of each vessel open to the other-Duty to keep clear.

CROXFORD v. SCRUTTONS, LTD.

[1958] 2 Lloyd's Rep 492

Master and servant-System of working-Unnecessary risk-Occupational hazard-Stacking of rolls of lino in dock shed-Injury to dock worker when roll of lino fell upon him- Degree of risk-Liability of employers-Docks Regulations, 1934, Regulation 41.

COMPAGNIE ALGERIENNE DE MEUNERIE v. KATANA, SOCIETA DI NAVIGAZIONE MARITTIMA, S.P.A. (THE "NIZETI.")

[1958] 2 Lloyd's Rep 502

Charter-party - Permission to load - Alleged "black-listing" - Embargo - Free pratique withheld by Syrian authorities-Vessel unable to load charter cargo-Implied obligation on shipowners to obtain permission to load - Whether shipowners in breach of that duty.

TSAKIROGLOU & CO., LTD. v. NOBLEE & THORL, G.M.B.H.

[1958] 2 Lloyd's Rep 515

Sale of goods (c.i.f.)-Non-performance-Alleged frustration due to closing of Suez Canal - Whether shipment prevented by force majeure -Meaning of "shipment"-Effect of finding of fact by I.O.S.A. Board of Appeal that performance via Cape of Good Hope "was not commercially or fundamentally different" from performance via Suez Canal-Incorporated Oil Seed Association Contract No. 38.

WYLDE v. ROYAL MAIL LINES, LTD.

[1958] 2 Lloyd's Rep 526

Master and Servant-Means of access-Supervision -Overhauling of engines of motor vessel in wet dock-Fitter's mate injured in fall while attempting to reach inlet valve-Liability of employers-Contributory negligence.

KINGSTON WHARVES, LTD. v. REYNOLDS JAMAICA MINES, LTD.

[1958] 2 Lloyd's Rep 533

Wharfingers - Charges - Tractors and trailers landed at wharves - Whether tractors and trailers were "carriages" within Jamaican Wharfage Law, 1895-Alleged implied agreement by importers to pay Shipping Association rates-Jamaican Road Traffic Law, 1938.

THE "GEOWILKA."

[1958] 2 Lloyd's Rep 538

Collision-River-Turbulence and uncertain tide- Anchored vessel-Sheering of passing vessel- Unnecessary risk-Duty to hold back until anchored vessel moved or tidal effect abated.

SNAITH v. GLEN LINE, LTD.

[1958] 2 Lloyd's Rep 546

Master and servant-Unnecessary risk-System of working-Stacking of timber being unloaded from vessel-Collapse of set-Injury to dock worker - Foreseeable risk - Liability of employers.

TUCKER v. FRIDTJOF KRISTIANSEN'S REDERI.

[1958] 2 Lloyd's Rep 551

Negligence-Safe premises-Loading of vessel in dock - Hatchwayman's fall while crossing trunk deck-Alleged trap-Liability of shipowners.

HOWARDS (COLNEY), LTD. v. GEORGE AYLWIN & SON.

[1958] 2 Lloyd's Rep 556

Arbitration - Award - Motion to set aside - Alleged misconduct of arbitrator in admitting certain evidence-Allegation that award was bad in law. Sale of goods-Sale by sample-Buyers' refusal to allow sellers to compare, on delivery, bulk with sample-Whether buyers estopped from complaining as to quality.

NELBERG v. WOKING SHIPPING COMPANY, LTD.,* AND KONNEL STEAMSHIP COMPANY, LTD.

[1958] 2 Lloyd's Rep 560

Company - Director's remuneration - Alleged implied agreement by company to pay director a superintendent's fee - Counterclaim by company for expenses allegedly paid in error -Allegedly retro-active alteration of expense claims procedure - Effect on prior expense claims.

REPUBLIC OF CHINA, CHINA MERCHANTS STEAM NAVIGATION COMPANY, LTD., AND UNITED STATES OF AMERICA v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA.* (THE "HAI HSUAN" (No. 2).)

[1958] 2 Lloyd's Rep 578

Marine insurance-Abandonment-Benefit of salvage -Vessel insured under war risk policy and increased value (p.p.i.) war risk policy -"Without benefit of salvage"-Constructive total loss-Whether insurer entitled to whole of salvage-Difference between p.p.i. policy in U.S. and England.

PRACTICE DIRECTION.

[1958] 2 Lloyd's Rep 582

Appeals to the House of Lords-Changes in practice.

SMITH v. AUSTIN LIFTS, LTD., AND OTHERS.

[1958] 2 Lloyd's Rep 583

Master and servant-Safe premises-Premises not under control of employers-Duty of employers - Maintaining of lifts - Employee sent to work at defective premises - Employer and employee aware of defects - Injury to employee-Liability of employers-Consideration of duties of employers and invitors. Negligence - Invitee - Unusual danger - Safe premises - Means of access - Maintaining of lifts - Injury to contractors' employee - Occupiers and employee aware of defects in premises - Whether employee appreciated danger to full extent-Liability of occupiers- Consideration of duties of employers and invitors.

YUILLE v. B. & B. FISHERIES (LEIGH), LTD., AND BATES. (THE "RADIANT.")

[1958] 2 Lloyd's Rep 596

Negligence-Safe plant and appliances-Towing of fishing vessel by sister ship-Injury to skipper of tow-Claim by skipper against shipowning company and managing director of company -Causation-Negligence of towing vessel- Unseaworthiness of both vessels - Alleged contributory negligence of skipper-Counterclaim by company to limit liability-Actual fault or privity of company - Whether director personally liable - Onus of proof - Damages - Interest - Practice in Admiralty Division.

INDUSTRIAL WAXES, INC. v. BROWN.*

[1958] 2 Lloyd's Rep 626

Marine insurance - Damage by fire to goods in warehouse-Premium paid for cover from port of shipment to inland destination-Long delay at port of discharge for goods awaiting transportation to inland destination - Whether assured entitled to unlimited storage at port of discharge.

Lloyd's Law Reports