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THE "CANADA."

(1939) 65 Ll L Rep 1

Collisions-Fog-Collision between Norwegian motor vessel Hoegh Hood and Danish motor vessel Canada in English Channel during dense fog-Hoegh Hood on course of 225 deg. true; Canada on course of 84 deg. true- Contact between stem of Canada and starboard bow of Hoegh Hood-"Lying stopped" signals of two prolonged blasts being sounded by Hoegh Hood- Allegation by Canada that the Hoegh Hood was sounding "lying stopped" signals before she was in fact stationary and that she (the Canada) was thereby misled-Evidence that Hoegh Hood, to counteract her falling off to starboard under reversed engines, had put her engines dead slow ahead (giving her a headway of a half to one knot) and her wheel to port in an endeavour to bring her back on her original heading -Whether still entitled to sound "lying stopped" signals-Look-out- Speeds-Collision Regulations, Art. 15.

COMPANIA PRIMERA DE NAVIGACION, LTDA. v. COMPANIA ARRENDATARIA DEL MONOPOLIO DE PETROLEOS, S.A.

(1939) 65 Ll L Rep 7

Charter-party - Deviation - Consecutive voyages - Charter of vessel to proceed to Constantza and there load oil for one Spanish Mediterranean port-Charter to remain in force for two consecutive voyages-Vessel loaded at Constantza for Valencia-Course set for Zonguldak for bunkers-Zonguldak not on ordinary route - Sufficient bunkers on board to reach Istanbul (on ordinary route) - Course altered for Istanbul before reaching Zonguldak- Sufficient bunkers taken on board at Istanbul to reach Algiers (to pick up non-intervention officer before proceeding to Valencia) - Call at Bona for bunkers - Vessel captured by Spanish Nationalists on leaving Bona and taken to Palma to discharge - Subsequent arrival at Algiers, vessel then leaving for Istanbul for charterers' orders-Refusal by charterers to give any orders for second voyage - Contention that by reason of deviations on first voyage charter was at an end - Whether charterers waived deviation to Zonguldak.

THE "WATERLAND."

(1939) 65 Ll L Rep 14

Collision-Fog-Excessive speed-Alteration of course - Collision between British steamships Haytor and Waterland off Whitby in fog-Vessels on opposite courses - Regular lane of traffic - Contacts between stem of Waterland and port side of Haytor at broad angle-Speeds-Courses.

THE "VARMDO."

(1939) 65 Ll L Rep 20

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.12E.; Varmdo on a course of S.45E.-Starboarding (without signal) by Varmdo in order to comply with the narrow channel rule which, as she contended, applied in the Sound-Green light opened on starboard bow of Jeanne M. -Hard-a-starboarding (with signal) by Varmdo-Porting by Jeanne M.- Contact between stem of Varmdo and starboard side of Jeanne M.

GOODBARNE v. BUCK.

(1939) 65 Ll L Rep 27

Motor insurance-Voidable policy-Road Traffic Act, 1930, Sect. 35 (1): ". . . It shall not be lawful for any person to use, or to cause or permit any other person to use, a motor vehicle on a road unless there is in force in relation to the user of the vehicle by that person or that other person, as the case may be, such a policy of insurance or such a security in respect of third-party risks as complies with the requirements of this Part of this Act"-Motor van purchased by W.B. with money advanced by H.B.-Van to be driven by W.B. and used in his business- Proposal for insurance signed by W.B., H.B. being declared as the proposer and registered owner-Fatal accident in which G. was killed-Policy avoided by insurers on ground of misrepresentation -Claim by plaintiff (as dependant of G.) against both H.B. and W.B.- Whether a valid policy in force- Plaintiff's contention that H.B. caused or permitted the user of the motor van on a road when there was not in force a policy covering third-party risks in accordance with Act.

KNIGHT v. J. RUSSELL & CO.

(1939) 65 Ll L Rep 34

Negligence - Shipbuilding Regulations, 1931 - Breach of statutory duty - Personal injuries alleged to have been sustained by plaintiff (ship's riveter)- Plaintiff in employment of defendants engaged on repair work to steamship in London dock-Allegation that in descending a ladder supplied by the defendants as part of the staging a rung broke, throwing him against the dock side and injuring his back- Evidence that no complaint of injury was made immediately after accident- Plaintiff now admittedly neurasthenic and unfit for full work as riveter.

DAVID ALLEN & SONS BILLPOSTING, LTD. v. DRYSDALE.

(1939) 65 Ll L Rep 41

Insurance-"Subsidence and/or collapse" of building-Meaning-Policy taken out by plaintiffs with defendant underwriter covering plaintiffs' premises "against loss or damage caused by subsidence and/or collapse"-Demolition of adjacent building disclosing defects in party wall-Demolition notices served on plaintiffs by local authority - Whether "collapse" included demolition in obedience to that notice-Signs of subsidence or settlement discovered - Whether indicating that subsidence or settlement occurred during currency of policy or was of long standing-Expert evidence.

LONDON & SCOTTISH ASSURANCE CORPORATION, LTD. v. RIDD.

(1939) 65 Ll L Rep 46

Motor insurance-Certificate of insurance -Failure by insurance company to issue-Offence under Motor Vehicles (Third-Party Risks) Regulations, 1933 -Policy dated Oct. 1, 1933-Renewal yearly - Renewal notice served on assured just before Oct. 1, 1938-Cover note issued by insurance company on Oct. 10, without payment - Second cover note issued on Nov. 14, on payment of £3-Full premium not paid- Certificate of insurance not issued by insurance company - Conviction by Magistrates for failure to issue such certificate-Appeal.

WHITWORTH v. HOSKEN.

(1939) 65 Ll L Rep 48

Insurance-Accountant's Indemnity Policy -Claim-Policy taken out by F. (chartered accountant)-Proposal made by K. to F. that he (K.) should open a business as a business transfer agent; that F. should permit his office to be used for that purpose; and that F. should receive commissions on any such transactions effected-Application by W. (plaintiff) to F. & Co. for particulars of business advertised by K. as agent for vendor-Correspondence in reply signed: "F. & Co."-W. induced by K.'s fraud to pay over to him full purchase price-Action brought by W. against F. settled by consent-Settlement approved by underwriters- Assignment to W. by F. of his rights under policy-Denial by defendant that any loss occurred within the meaning of the policy-Contention that F. did not suffer any loss which arose from a claim made against him "in respect of any act of neglect or error on his part or on the part of his servant in the conduct of his business as an accountant."

CONTINGENCY INSURANCE COMPANY, LTD. v. LYONS AND OTHERS.

(1939) 65 Ll L Rep 53

Motor insurance - Practice - Pleading - Third-party claim against assured- Action brought by insurance company under Sect. 10 (3) of Road Traffic Act, 1934, for declaration that they were entitled to avoid policy on ground of non-disclosure and misrepresentation- Notice given to third party-Statement of claim giving particulars of non-disclosure and misrepresentation not included in notice to third party- Whether allegation should be limited to matter specified in notice-Appeal by third party against order of learned Judge permitting amendment of statement of claim giving particulars of non-disclosure and misrepresentation not included in notice to third party.

BEACON INSURANCE COMPANY, LTD. v. LANGDALE.

(1939) 65 Ll L Rep 57

Motor insurance-Excess clause in policy- Appellant motor cyclist insured with respondent insurance company against third-party risks-Accident involving pedal cyclist-Claim brought by pedal cyclist - Term of policy that the company "shall have full discretion in the conduct of any proceedings or in the settlement of any claim . . ."- Condition that assured should "be liable to pay the first five pounds, or any less amount for which the claim may be settled, of each claim arising under this policy . . ."-Claim settled by insurance company-Right of company to recover "first five pounds."

THE "STANGATE" AND THE "CRANMERE."

(1939) 65 Ll L Rep 60

Collision - Double collision - Chain of causation - Collision between motor vessel Cranmere and steamship Stangate in Gravesend Reach, River Thames -Admitted liability of Cranmere-Subsequent collision between Stangate and anchored training ship Cornwall- Cornwall admittedly free from blame- Action brought by Cornwall against Stangate and Cranmere-Whether collision with Cornwall was the inevitable result of the initial collision between the Stangate and the Cranmere or was due to supervening negligence of the Stangate-Unsatisfactory evidence of Stangate.

THE "BRITISH VALOUR."

(1939) 65 Ll L Rep 65

Salvage or towage-Services rendered by tug Gt. Emperor to tanker British Valour in River Tyne-British Valour entering river to proceed to Middle Docks-Plaintiffs' allegation that the services rendered by their tug were instrumental in preventing the British Valour from going ashore both on the north and south sides of the river and that the services were salvage services -Two contract tugs also in attendance -Evidence of manoeuvres executed by British Valour and by tugs-British Valour in seaworthy condition-Full control of engines, rudder and anchors -Vessel towed up river and docked.

OULU OSAKAYETIO v. ARNOLD LAVER & CO., LTD., AND OTHERS.

(1939) 65 Ll L Rep 72

Sale of goods-War risk insurance-Contracts dated Oct. 6 and 7, 1938, for sale of timber by Finnish shippers to English buyers-Charter of Spanish steamer by shippers' agents on Oct. 18 -Copies of charter sent to buyers on Oct. 26-Clause of contract of sale providing that "Before or as soon as tonnage is secured the marine insurance of cargo at f.o.b. invoice value plus 10 per cent. and of freight advance to be covered by sellers with a first-class company or underwriters . . . as per Lloyd's form of policy, together with Federation Clauses printed in margin, losses payable in London and including the risks covered by the Institute War and Strike Clauses in force at the time of attachment of the insurance. Any increase in premium payable for covering the whole of such war risks and such strike risks in respect of the country of destination in excess of the rates ruling at 26th September, 1935, to be for buyers' account. Sellers' obligation under this contract to insure against war and/or strike risks is subject to the proviso that such insurance can be covered. Should it not be possible to cover such insurance, or should insurance be cancelled by underwriters, sellers shall give prompt telegraphic advice to buyers who shall thereupon have the option of cancelling the contract" -Insurance effected by shippers, cover note providing that "Wood goods in and over including freight advance, if any, per El Neptuno to Hull including war, etc., risks at 3s. 6d. per cent. sailing on or before 5th November, 1938, held covered thereafter at schedule rate on date of sailing but subject to 48 hours' notice of cancelment unless sailing on or before 28th November, 1938"-Sailing delayed until after Nov. 5-Schedule rate at date of sailing: 2s. 6d. per cent.-Substantial rise in war risk rates in respect of Spanish vessels-Premium fixed by shippers at £5 per cent.-Rate ruling at Sept. 26, 1935: 3d. per cent.-

Liability of buyers to pay increase in premium-Construction of contract- Chartered ship belonging to belligerent -Onus of proof that such charter was justified - Arbitration - Award in favour of shippers-Case stated.

MEDD v. COX.

(1939) 65 Ll L Rep 78

Sale of ship-Misrepresentation-Description - Sale of motor launch by defendant (as agent) to plaintiff- Launch described as being in exceptional condition, as having been expensively equipped and maintained and as having cost £1000-Vessel found upon inspection to be in very bad condition-Claim by plaintiff for return of price paid.

ENGLISH v. WESTERN.

(1939) 65 Ll L Rep 80

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-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."

GODDARD & SMITH v. FREW.

(1939) 65 Ll L Rep 83

Insurance - Indemnity policy - Claim- Plaintiffs employed by C. Co. to collect rents and to pay them into trust account on their behalf-Rents collected by R. (employed by plaintiffs)-Misappropriation by collector-Demand made by C. Co. upon plaintiffs for payment of amount not accounted for -Amount made good by plaintiffs- Claim made by plaintiff against defendant underwriter under policy indemnifying plaintiffs against "all losses, costs, charges and expenses arising from all actions, proceedings, claims and demands whatsoever . . . by reason of any act, neglect, omission, mis-statement or error . . . committed or omitted or made or written on the part of the firm . . . or any person . . . employed by the firm . . ."

A/S TANK v. AGENCE MARITIME L. STRAUSS.

(1939) 65 Ll L Rep 87

Charter-party-Discharging ports-Vessel chartered to load at Philadelphia "and being so loaded shall therewith proceed (as ordered on signing bills of lading), direct to one safe port East Coast United Kingdom or on the Continent . . ." - "Charterers have the option of discharging at two safe ports as above and in the event of this option being exercised charterers are to pay extra freight as follows:-6d. per ton on the whole cargo"-Havre first indicated as single discharging port- Provisional exercise of option by charterers (Bordeaux being declared as extra discharging port) later confirmed by charterers, owners agreeing to discharge "in rotation mentioned rely on quick despatch for loading and discharging" - Neither master nor shippers informed of exercise of option -Bills of lading presented by shippers, and signed by master, for discharge at single discharging port, Havre-Subsequent agreement by owners to discharge at two ports (though contrary to signed bills of lading), question of extra remuneration to be settled by arbitration-Whether extra freight to be assessed in accordance with option given in charter-party or whether owners entitled to claim full cost- Meaning of "as ordered on signing bills of lading."

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

(1939) 65 Ll L Rep 94

Practice note-Appeal by leave to House of Lords-Reference to assess damages- Stay of execution-When stay would be granted.

THE "TELESFORA DE LARRINAGA."

(1939) 65 Ll L Rep 95

Collision-Dock-Parting of moorings in gale - Inevitable accident - Collision between plaintiffs' steamship Waziristan and defendants' steamship Telesfora de Larrinaga in Queen Alexandra Dock, Cardiff-Waziristan moored at quayside; Telesfora de Larrinaga moored in middle of dock- Anchors down-Forward moorings of Telesfora de Larrinaga parted, vessel swinging into collision with Waziristan -Waziristan admittedly free from blame-Evidence of weather conditions and of moorings-Onus of proof of negligence.

THE "THAMES."

(1939) 65 Ll L Rep 99

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 (2) 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 standard of care which plaintiff applied to his own barges.

WESTRALIAN FARMERS, LTD. v. DAMPSKIBSSELSKAB ORIENT A/S.

(1939) 65 Ll L Rep 105

Charter-party - Breach - War - Time charter by plaintiffs of defendants' motor vessel-Vessel sub-chartered for voyage from Australia to nominated port in United Kingdom-Term of time charter that "Steamer not to be sent on any voyage exposing her to attacks of submarines or aircrafts or to the risk of being sunk by mines or otherwise"-War declared after commencement of voyage - Arrival at Cape Town - Orders to proceed to Dakar to bunker-Arrival at Dakar- Refusal by owners to proceed on voyage from Dakar-Contention that they were excused by reason of war clause- Meaning of "sent on any voyage."

VLASOV v. GELLATLY, HANKEY & CO., LTD.

(1939) 65 Ll L Rep 108

Charter-party-Freight-Cubic feet bale capacity-Charter of vessel for carriage of cargo from Port Sudan to London- Dispute as to freight payable-"Charterers shall pay freight at the following rate, viz., 32s. 6d. per 60 cubic feet bale capacity . . . The above sum is based on a guarantee by the owners that the said steamer can carry not less than a deadweight of [blank] tons of cargo on this present voyage, and be within Lloyd's rules, exclusive of [blank] tons of coal, which steamer may carry for steaming, etc., purposes, and the necessary stores for steamer's use for the voyage, and also that space available for cargo shall be not less than 330,000 cubic feet bale space as per builders' plan. The whole of the steamer's hold, upper and 'tween decks, from stem to stern, full extent of hatchways and other spaces, excepting what is required for the captain and his officers, and such room as shall be actually necessary for the steamer's stores for the voyage, and coals as above mentioned, shall be at the disposal of the freighters, they having the benefit of the side ports, if any. In the event of the steamer not being able to give the full amount of space as stated above, the freight to be reduced proportionately" - Estimate of "space available for cargo" - Voyage via Suez Canal-Spaces excluded by Suez Canal Tonnage Certificate from being cargo carrying spaces - Whether particular voyage to be taken into account in estimating space available.

THE "VOWMOOR."

(1939) 65 Ll L Rep 114

Collision-Barges undocking into River Thames - Collision between plaintiffs' barge Yarana and defendants' barge Vowmoor in Limehouse Reach-Yarana last of string of barges heading up river in tow of tug, having just emerged from Greenland entrance of Surrey Commercial Docks-Vowmoor last of string of barges previously moored to knuckle at Greenland entrance, heading down river-Contact between stem of Vowmoor and port side of Yarana-Contention by Yarana: that Vowmoor sheered to port into Yarana - Contention by Vowmoor: that Vowmoor was still moored and that Yarana's stern swung out to port- Yarana being towed in breach of Rule 58 of Port of London River By-laws, 1914-1934-Barges towed in excess of number provided for- Whether contributing to collision.

THE "ST. MACHAR."

(1939) 65 Ll L Rep 119

Collision-Launching-Collision in Aberdeen Harbour between steamship Gwenthills, being launched, and tug St. Machar employed to take her in tow thereafter - Respective duties - Evidence of local practice observed in launching a vessel of that size and of events leading up to collision-Whether, assuming tug was at fault, she was protected by towing conditions-Apportionment of blame-Whether Gwenthills, having just been launched, was a "vessel used in navigation" - Merchant Shipping Act, 1894, Sect. 742 -Maritime Conventions Act, 1911.

SMITH v. CAMMELL LAIRD & CO., LTD.

(1939) 65 Ll L Rep 127

Shipbuilding Regulations, 1931-Breach of statutory duty - Personal injuries sustained by plaintiff while working in hold of vessel in wet dock, part of defendants' shipbuilding yard - Staging erected by defendants-Vessel, having undergone trials, redocked for completion-Cork Insulation Company employed by prospective owners of vessel to carry out certain insulation work - Cork Insulation Company permitted by defendants to use staging -Plaintiff a servant of Cork Insulation Company-Removal by defendants of lashings on staging at request of company - Planks displaced, staging thereby becoming unsafe-"It shall be the duty of the occupier to comply with Parts I to VIII of these Regulations" Duty of maintenance-Meaning of "occupier"-Power of Secretary of State to make Regulations-Whether ultra vires so far as the duty imposed extended to persons who were not in fact carrying on the dangerous trade - Shipbuilding Regulations, 1931, Regulations 11, 13-Factory and Workshop Act, 1901, Sects. 79, 104, 149, Sixth Schedule, Part II, No. 25.

SANDAY & CO., LTD. v. MAATSCHAPPIJ VOOR INDUSTRIEELE EN FINANCIEELE ONDERNEMINGEN N.V.

(1939) 65 Ll L Rep 148

Principal and agent - Agreement by English agents to sell commodities for future delivery on behalf of Dutch principals-Certain margins of credit allowed by agents upon orders sent to them by Dutch principals for execution -Negotiations between parties as to increased margin credits-Sales in the meantime effected by agents on principals' behalf - Whether sale contracts affirmed by principals subject to condition precedent that margin credits should be extended-Failure by principals to make payment of margin call on certain day-Principals closed out at end of business hours on that day-Dispute as to period during which the principals were entitled to make payment of differences due - Whether period extended-Estoppel - Arbitration - Award that sale contracts were not made subject to the condition of an extension of credit and were binding on the Dutch principals, and that the agents were entitled to close the contracts-Case stated.

ADAMS v. FREDERICK LEYLAND & CO., LTD.

(1939) 65 Ll L Rep 154

Docks Regulations, 1934 - Breach of statutory duty - Personal injuries sustained by plaintiff stevedore by reason of fall into hold of defendants' steamship-Plaintiff employed by stevedoring company under control of defendants-Plaintiff engaged in loading newsprint in 'tween deck -Fall through hatchway - Hatch alleged to have been unfenced - Liability of defendants - Defences: that the duty of fencing lay upon the stevedores; that if that duty attached to the defendants, it was performed; that the plaintiff's injuries were caused solely or contributed to by his own negligence or breach of statutory duty; further, that if the duty of fencing lay upon the defendants to be performed through the ship's officers and crew, they and the plaintiff were in the common employment of the defendants - Duties of owner of ship under Docks Regulations - Regulation 37.

PORTAVON CINEMA COMPANY, LTD. v. PRICE AND OTHERS.

(1939) 65 Ll L Rep 161

Fire insurance - Double insurance - Insurance of cinema - Policy taken out by P. Co. (lessees of cinema) with Lloyd's underwriters - Policy also taken out by W. Ltd. (lessors of cinema) with insurance company (subsiduary of F. Office) at request of and for purpose of raising loan upon cinema premises from F. Office- Fire - Lessees under contractual liability to reinstate-Claim by Lessees against Lloyd's underwriters and against the insurance company-Clause in Lloyd's policy providing: "This insurance does not cover any loss or damage or liability which at the time of the happening of such loss or damage or liability is insured by or would, but for the existence of this policy, be insured by any other policy or policies except in respect of any excess beyond, the amount which would have been payable under such other policy or policies had this insurance not been effected" - Purpose of clause - Whether double insurance effected- Underwriters' contentions that insurance effected by lessors with insurance company raised an equity in favour of plaintiffs; that a declaration of trust was made by lessors in favour of plaintiffs by way of indorsement on company policy; that company policy was taken out by plaintiffs' authority; that that policy was ratified by the plaintiffs after the loss; and that the statutory right which plaintiffs had against the insurance company under Sect. 83 of the Fires Prevention (Metropolis) Act, 1774, created an insurance in plaintiffs' favour-Whether Lloyd's underwriters within the description "Governors or directors of the several insurance offices for insuring houses or other buildings against loss by fire"-Life Assurance Act, 1774, Sect. 2-Amount recoverable - Landlord's fittings and fixtures specifically covered in Item 1- "Electrical installation, heating and ventilating apparatus" (generally recognised as landlord's fixtures)

included in Item 3-Item 3 carrying £2000 excess-£2000 exceeded-Whether electrical installation, etc., could be included in Item 1.

CIA. ARGENTINA DE PESCA v. EAGLE OIL & SHIPPING CO., LTD.

(1939) 65 Ll L Rep 168

Arbitration-Award-Motion to set aside -Error in law on face of award- Charter-party-Dispute between shipowners and charterers - Claim by shipowners for demurrage - Vessel chartered to carry full cargo of fuel oil-168 running hours to be allowed for loading and discharging-Time exceeded - "Owners guarantee that vessel is fitted with heating coils and owners agree to instruct captain that cargo is to be heated on passage to discharging port or ports in accordance with instructions given by cargo suppliers at loading port"-Shippers' instructions to captain to heat cargo to temperature of between 130 deg. and 140 deg. Fahr.-Minimum temperature reached in only one of eighteen tanks -Contentions by charterers that it was an implied term of the charter-party that the oil should be kept heated to a temperature which would enable the oil to be pumped out with reasonable dispatch (i.e., between 130 deg. and 140 deg.) and that the pipes from the pumps to the tanks should be of sufficient size to enable the oil to be pumped out at a reasonable rate- Finding of arbitrator that the shipowners committed a breach of the charter-party in that they failed to have the oil heated to the requisite temperature; that it was an implied term that the oil should be kept heated at a temperature which would enable pumping out with reasonable dispatch and that that implied term was not fulfilled; that it was an implied term that the pipes should be of sufficient size to enable the pumps to work efficiently and/or to pump out the oil at a reasonable rate, that the pipes were not of sufficient size and that the vessel did not use all her suction pipes and lines during discharge; and that the shipowners' claim for demurrage failed - Case stated - Whether facts found by arbitrator were sufficient on which to base his conclusions.

CONCRETE, LTD. v. ATTENBOROUGH.

(1939) 65 Ll L Rep 174

Insurance - Public Liability Policy - Action by assured for declaration that they were entitled to be indemnified under policy-Sum paid in respect of personal injuries sustained by G.-G. employed by H. Ltd., sub-contractors engaged upon reconstruction work on Bodleian Library, Oxford-Plaintiffs engaged upon construction of floors- G. injured in fall through hole in floor left by plaintiffs-Allegation that hole was not provided with suitable guard rail-Action brought by G. against H. Ltd. and against plaintiffs, claiming damages for common law negligence and/or breach of statutory duty -Action settled, damages being shared in the proportion of one-fifth by H. Ltd. and four-fifths by plaintiffs- Claim by plaintiffs under policy agreeing to indemnify them "against all sums which the assured shall become legally liable to pay in respect of claims made against the assured for compensation for bodily injury (fatal or non-fatal) to person and/or damage to property resulting from any accident or accidents . . . caused by the fault or negligence of the assured or any of his (their) employees whilst engaged in the assured's business as specified in the schedule hereto and/or by any defect in the assured's premises, ways, works, machinery or plant used in the said business . . . but subject to the exclusions and conditions hereinafter stated" - 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" - Cause of action by G. against plaintiffs - Whether common law negligence proved - Liability of plaintiffs as invitors-Whether, assuming plaintiffs were responsible to G., the plaintiffs

were precluded from recovering by reason of Condition 8-Repugnancy- Building Regulations, 1926.

CRAIG v. DOVER NAVIGATION COMPANY, LTD.

(1939) 65 Ll L Rep 181

Workmen's compensation - Accident "arising out of the employment" - Common risk of natural forces-Death of seaman from yellow fever - Fever resulting from mosquito bite while on board ship-Vessel in port admittedly a danger zone for fever-Claim by dependant against shipowners-Decision of learned County Court Judge that the infection arose from natural forces; that there was no special exposure to those forces incidental to the seaman's employment; and that therefore the claim failed.

FINSKA ANGFARTYGS AKTIEBOLAGET AND OTHERS v. BARING BROS. & CO., LTD.

(1939) 65 Ll L Rep 189

Contract - Assignment - Requisition of Finnish vessels by Russian Government in 1916 and 1917-Vessels placed at disposal of British Government- Russian Government paid by British Government-Finnish shipowners not paid-Claim by Finnish shipowners against English bank who held funds deposited with them by Russian Government before Bolshevist Revolution -Part of funds standing to credit of separate account at bank entitled the Compte Spécial-Plaintiffs' allegation that they were legal assignees of specific parts of the Compte Spécial equal in amount to the sums due in respect of the vessels- Circumstances in which Compte Spécial came into existence-Procedure followed with regard to payments out of the Compte Spécial-Evidence of directions given by Russian Government Department concerning payments to be made to plaintiffs - Production of copies of documents issued by responsible departments of Russian Government-Admission by C.A. of fresh evidence-Affidavit of Russian Government official - Alleged agreement that shipowners' claims should be settled by allocation of part of balance standing to credit of Compte Special.

THE "AMAZONE."

(1939) 65 Ll L Rep 199

International law-Diplomatic privilege- Immunity from process-Action in rem for possession of yacht-Motion by defendant (assistant military attaché to Belgian Embassy) that writ and arrest be set aside on the ground that he enjoyed diplomatic immunity, that he was in possession of the yacht and was impleaded by the writ-Evidence of possession and of defendant's position in diplomatic service - Common law privilege-Certificate of Foreign Office-Diplomatic Privileges Act, 1708, Sect. 3.

MASON v. WALLASEA BAY YACHT STATION, LTD.

(1939) 65 Ll L Rep 204

Sale of ship-Fraudulent misrepresentation -Yacht purchased by plaintiff from defendants-Hire-purchase agreement entered into by plaintiff - Promissory note given to finance company as collateral security-Claim by plaintiff for rescission of agreement and for indemnity by defendants in respect of any liability under promissory note - Allegation that plaintiff relied on representation made by defendants' representative as to seaworthy condition of yacht-Yacht in fact completely unseaworthy - Evidence of events leading up to transaction.

A/S OSTFART v. MIGUEL MICO LINES (LONDON), LTD.

(1939) 65 Ll L Rep 207

Charter-party-Hire-Period for which payable-"Owners agree to let, and charterers agree to hire steamer for a period of twelve, fifteen days more or less in charterers' option, calendar months from the time [of delivery] . . . Charterers have the option of continuing this charter for a further period of six calendar months, fifteen days more or less, on giving written notice thereof to the owners at least thirty days previous to expiration of the first period . . . ."-Addendum to charter-party, before delivery; providing "That period of time charter shall be six months, with charterers' option of two further periods of three months each, on giving one month's notice in advance of intention to use such option, instead of twelve months' option six as stipulated in said time charter" - Option under addendum exercised by charterers to redeliver at expiration of six months less fifteen days-Whether optional period under addendum was a fixed period of six months -Construction.

BRADLEY v. ASSOCIATED PORTLAND CEMENT MANUFACTURERS, LTD.

(1939) 65 Ll L Rep 211

Negligence-Personal injuries sustained by plaintiff stevedore in unloading defendants' barge - Claim against defendants-Barge loaded with bags of cement-Tier of bags stowed athwart (by "burton tier" method) against bulkhead and steps, rest of bags being stowed fore and aft-Fall of bags from burton tier during unloading - Whether burton tier a safe and usual manner of stowage-Contention by defendants that barge was unloaded in an unsafe way, and that the cargo of bags of cement should have been skimmed or stepped.

THE "WATER LILY."

(1939) 65 Ll L Rep 214

Bad berth-Damage to plaintiffs' sailing barge Water Lily - Barge bound down river to berth alongside defendants' jetty at Cliffe, River Thames - Practice of barges bound down river to defendants' jetty to take the ground forward on the foreshore up river of jetty and then to swing round into jetty with head up river-Erection of row of piles by defendants to prevent that practice- Notice displayed on up-river pile reading: "Danger-Craft are warned not to navigate inshore of the line of piles northward of this board" - Manoeuvres by Water Lily up river of notice board-Damage sustained by resting upon submerged obstruction- Meaning of warning conveyed by notice-Condition of approaches to jetty - Defendants' knowledge of obstructions-Duty of defendants to see that approaches were safe - Whether reasonable steps taken.

Lloyd's Law Reports