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WALLEY v. BRITISH & CONTINENTAL STEAMSHIP COMPANY, LTD.

(1940) 68 Ll L Rep 1

Damages-Assessment-Death of stevedore employed to discharge steamship Rallus-Breaking of ship's derrick chain, causing fall of derrick-Claim by widow (with seven children) against shipowners-Award of £750 by learned Judge-Appeal by plaintiff against assessment.

LAFFERTY v. FURNESS-HOULDER ARGENTINE LINES, LTD.

(1940) 68 Ll L Rep 3

Damages-Assessment-Death of trimmer on board defendants' steamship- Collapse of boiler-Escape of steam into stokehold-Negligence of ship's engineers-Claim by widow of deceased trimmer-Award of £726 damages by learned Judge-Appeal by plaintiff against assessment.

THE "BRITISH RESOURCE."

(1940) 68 Ll L Rep 5

Collision-Inevitable accident-Convoy- Collision between steamship Celtic Star and motor vessel British Resource, following on collision between Celtic Star and steamship Afric Star-Action brought by Celtic Star against British Resource - Counterclaim by British Resource against Celtic Star and Afric Star-British Resource and Afric Star in convoy; Celtic Star on almost opposite course-Vessels navigating without lights under Admiralty instructions-Look-out-Negligence.

THE "AMELIA LAURO."

(1940) 68 Ll L Rep 12

Salvage-War-Services rendered by tugs, pilot and naval personnel to Italian steamship Amelia Lauro in North Sea - Vessel bombed by German aircraft, set on fire and abandoned by crew - Fire got under control -Furnaces lighted, steam raised and pumps started - Towage to safe anchorage - Danger from mines- "Standing by" services of pilot- -Remooring after dragging-Salved values: £75,255-Awards: Tugs, £8000; naval personnel, £550; pilot, £50.

THE "OROPESA."

(1940) 68 Ll L Rep 21

Collision-Meeting end-on-Collision between steamship Manchester Regiment and steamship Oropesa (in convoy) in North Atlantic-Vessels on opposite courses and navigating without lights-Visibility-Each vessel sighted by the other before lights switched on-Porting by Manchester Regiment; starboarding by Oropesa (in belief that loom ahead was next in line of convoy) - Lights switched on by both vessels - Red of Oropesa open on starboard bow of Manchester Regiment - Engines put full ahead and helm hard-a-port by Manchester Regiment - Hard-a-starboard helm action taken and speed maintained by Oropesa - No whistle signals sounded - Contact between port bow of Oropesa and starboard side of Manchester Regiment at an angle of 50 deg. leading forward on Manchester Regiment-Manchester Regiment sunk.

J. W. TAYLOR & CO. v. LANDAUER & CO.

(1940) 68 Ll L Rep 28

Sale of goods (c.i.f.)-Default by sellers- Illegality - Pre-war sale of 25 tons Madagascar butter beans - London Corn Trade Association Contract, No. 75 - Bills of lading to be dated October/November, 1939 - Notice of appropriation to be given by sellers within 28 days - No notice given or documents tendered - Plea by sellers that they were excused from performance by reason of Cereals and Cereal Products (Requisition and Control) Order, 1939, which came into force on Sept. 4, 1939-Effect of order-Dealings in cereals requiring licence - Licence not applied for by sellers-Possibility of refusal-Award that sellers were in default-Case stated-S.R. & O., 1939, No. 1035.

WILLMOTT v. HAY'S WHARF, LTD.

(1940) 68 Ll L Rep 36

Negligence-Wharf-Personal injuries sustained by lorry driver engaged in loading bales of bacon from defendants' wharf-Allegation by plaintiff that the work of loading by crane had stopped for a short period and had recommenced without his knowledge, with the result that he was knocked off his lorry -Contributory negligence.

GRANTHAM v. NEW ZEALAND SHIPPING COMPANY, LTD.

(1940) 68 Ll L Rep 39

Negligence-Breach of statutory duty- Unloading of ship-Proper method of working-Personal injuries sustained by plaintiff stevedore engaged in unloading defendants' steamship- Plaintiff in barge alongside-Crates of cheese unloaded by sling - Ship's rail and stanchions removed to facilitate discharge - Fall of crate from sling during hoist, crate rolling overboard into barge-Liability of shipowners- Plea of common employment-Evidence as to safety of sling in use-Whether shipowners negligent in failing to provide guardrail-Evidence that foreman in charge of unloading (and in common employment with plaintiff) had means available in a nearby store (belonging to defendants) by which he could have provided a safe barricade.

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

(1940) 68 Ll L Rep 45

Marine insurance - Cargoes in enemy ships at outbreak of war - Pre-war policies issued by British underwriters covering British cargoes - Institute War Clauses attached - "This policy covers (a) the risks excluded from the standard form of English marine policy by the" f.c. & s. clause-"Warranted free of any claim based upon loss of, or frustration of, the insured voyage or adventure caused by arrests restraints or detainments of Kings Princes Peoples Usurpers or persons attempting to usurp power"-German Government orders to masters of German vessels that their vessels should take refuge in neutral ports and if possible proceed to Germany; as a last resort to scuttle their vessels- Arrival in neutral ports of German steamships M, H and W, vessels subsequently sailing in an attempt to reach Germany - M and H scuttled upon interception by Allied warships- Arrival of W in German port-Claims for loss of cargo-Alleged constructive total loss of cargo when vessels put into, or alternatively left, neutral ports;

actual total loss when vessels scuttled- Altered voyage-Whether within "held covered" clause - Right of underwriters to recover extra premiums- Arrests, restraints-Seizure-Enemies -Takings at sea - Barratry of the master-Malicious acts-Non-delivery -Possibility of recovery of cargo ex W by payments to be made through neutral sources-No payments in fact made- Partial loss-Marine Insurance Act, 1906, Sects. 45, 46, 49, 57, 60, 62.

IOSSIFOGLU v. COUMANTAROS AND OTHERS.

(1940) 68 Ll L Rep 68

Arbitration - Appointment of umpire - Disagreement between arbitrators- Contract for sale of shares in steamer- Clause providing for arbitration in case of dispute-"In case the arbitrators . . . disagree they shall appoint an umpire"-Appointment of arbitrators -Refusal by arbitrator to meet co-arbitrator, on ground that the arbitration should await the result of proceedings taken by the parties in the Greek Courts, in which the validity of the contract was being considered- Appeal against decision of Cassels, J., refusing to appoint an umpire.

G. H. RENTON & CO., LTD. v. BLACK SEA & BALTIC GENERAL INSURANCE COMPANY, LTD.

(1940) 68 Ll L Rep 71

Marine insurance-Termination of risk- Insurance of wood goods from Igarka to London-"Including risks of . . . non-delivery . . . from the time of leaving mill, warehouse, factory, yard or premises at the place from which the goods are loaded . . . whilst on board the ocean-going vessel until discharged at port of destination; and whilst in transit by land and/or water to final destination there or in the interior"-Cargo discharged overside into stack, regardless of marks, size or description, in accordance with custom of Port of London-Subsequent sorting by Port of London Authority- Consignees not allowed to remove cargo until piled and landing returns sent out -Shortage discovered upon completion of piling-Claim under policy-Custom of Port of London.

FINSKA CELLULOSAFORENINGEN (FINNISH CELLULOSE UNION) v. WESTFIELD PAPER COMPANY, LTD.

(1940) 68 Ll L Rep 75

Sale of goods (c.i.f.) - Rejection of documents-Sale of woodpulp by plaintiffs to defendants-Shipment from Finland to Leith - Goods discharged at Baltic port-Tender of documents comprising invoice, certificate of insurance and bill of lading-Bill of lading containing clause: "All conditions and exceptions as per charter-party dated [blank]"- Slip attached containing "F.A.A. Current War Risk Clause" providing that "If in the event of the imminence or existence of war . . . the safe navigation of the vessel should be endangered or carrier's or master's control over the use or movements of the vessel should be interfered with by any power . . . or goods loaded under this bill of lading or part thereof become contraband of war . . . the carrier or master to have the right to discharge the cargo at any convenient port or place, which in the master's opinion is safe and where for all purposes the contract voyage shall be considered terminated . . ."-Right of defendants to reject documents- Whether charter-party should have been identified or tendered - Reasonableness of F.A.A. Clause - Whether usual or current in trade - Time at which reasonableness should be tested- Claim by plaintiffs for contract price and war risk insurance premiums.

THE "GREYSTOKE CASTLE."

(1940) 68 Ll L Rep 85

Collision-Crossing courses-Alterations of helm - Signals - Collision between steamship Cheldale and motor vessel Greystoke Castle off Port Natal- Cheldale showing dimmed side lights; Greystoke Castle sailing without lights -Lights switched on before collision- Vessels on courses crossing at angle of 18 deg., Greystoke Castle being the giveway vessel - Hard-a-starboarding by Greystoke Castle, no whistle signal being sounded-Speed of 13 knots maintained-Engines stopped and helm put hard-a-port just before collision-Hard-a-porting by Cheldale, vessel signalling her change of helm-Engines put "full ahead" from "slow" to help her swing - Contact between stem of Greystoke Castle and starboard side of Cheldale at angle of 20 deg.-Cheldale sunk-Collision Regulations, Arts. 19, 22, 23, 28.

THE "BENRINNES."

(1940) 68 Ll L Rep 91

Collision - River - Vessel leaving dock entrance - Collision in Blackwall Reach, River Thames, between steamship Benrinnes and barge Cecil (in tow of tug Toro)-Toro, with six barges in tow, bound up river, with tide- Another tug, with three barges in tow, bound up on starboard side of Toro; large tanker bound up on port side of Toro-Steamship Dundee lying at anchor off dock entrance-Benrinnes, having emerged from dock, moving slowly ahead round Dundee down and across river - Port helm action (two short blasts being sounded) by Toro immediately she became aware of the Benrinnes - Contact between stem of Benrinnes and starboard side of Cecil (on starboard side in third rank)- Cecil sunk - Duty of vessel crossing river-Whether tug negligent-Port of London River By-Laws, 1938, Rule 39.

THE "MARI CHANDRIS."

(1940) 68 Ll L Rep 95

Salvage-War and marine risk-Disputed value of salved vessel - Services rendered by salvage vessel Zwarte Zee to Greek steamship Mari Chandris-Mari Chandris damaged by collision off Ushant - Taken in tow by steamship Algerian - Towage taken over by Zwarte Zee-Vessel towed 170 miles to Falmouth Harbour-Damage to vessel agreed at £33,000-Dispute as to sound value-Market value of Greek vessel- Information sought from Greek Consui-General as to whether licence for sale in open market might have been granted by Greek authorities.

THE "PRINS KNUD."

(1940) 68 Ll L Rep 100

Salvage-Agreement-Services rendered to stranded vessel-Motions by salvors for judgment in default of appearance- Salved vessel under arrest of Prize Court-Assessment of awards. (1) Claim by first plaintiffs under agreement by which they undertook to lay out anchors and do their best to refloat vessel-Local knowledge- Reasonableness of agreement. (2) Claim by second plaintiffs under agreement by which they undertook to carry out anchors, anchor cables, buoying wires, etc. - Plaintiffs to supply labour-Hire of carts- Expenses. (3). Claim by master and ship's agent -Proof of claims.

(1) and (2) upheld; (3) adjourned for further evidence.

WHARTON (SHIPPING), LTD. v. MORTLEMAN AND OTHERS.

(1940) 68 Ll L Rep 103

Insurance-Marine or war risk-Collision- Loss of plaintiffs' vessel Brendonia- Brendonia, at anchor, run into and sunk by steamer Alderpool under charter to Government - Brendonia showing her anchor light-Alderpool, sailing without lights, preparing to anchor-Alderpool bound to Southampton for orders - Intention of Government to employ her for transport of army equipment to war base-Master unaware of purpose for which she would be used-Whether Alderpool engaged in warlike operation at time of collision- Claim brought by plaintiffs against marine risk underwriters - Denial of liability - Contention that war risk underwriters were liable - War risk underwriters joined as co-defendants- Costs of successful defendants.

THE "LAIRDSGLEN."

(1940) 68 Ll L Rep 112

Collision-Look-out-Lights-Collision in Firth of Clyde between steamships Findhorn and Lairdsglen-Findhorn inward bound; Lairdsglen outward bound-Dispute as to distance at which Lairdsglen (which was sailing without lights in accordance with Admiralty Regulations) became visible to Findhorn - Findhorn showing her side lights-Lights of Lairdsglen switched on before collision-Evidence that when Lairdsglen was first observed by Findhorn, the red light of Lairdsglen was open on Findhorn's starboard bow -Porting by Findhorn-Starboarding by Lairdsglen, followed by hard-a-starboarding when collision was imminent-Contact between port bow of Lairdsglen and starboard side of Findhorn - Collision Regulations, Arts. 21, 28.

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

(1940) 68 Ll L Rep 117

Motor insurance - Non-disclosure - Evidence - Avoidance of policy - Policy issued by plaintiff insurance company to H.-Accident involving injuries to third parties (T.) while car being driven by H.'s son-Claim made by T. against H. - Declaration sought by plaintiffs that they were entitled to avoid policy on ground of non-disclosure and misrepresentation in proposal form-"Q. 3: Will the car be used (a) Solely for social, domestic, and pleasure purposes, as Class 1? A.. Class 1. Q. 7: (a) Who will usually drive the car? A.: Myself. (b) How long have you and the usual driver been licensed to drive a motor car in the United Kingdom? A.: 28 years. (c) Have you and the usual driver been driving frequently in the United Kingdom during the whole of the past twelve months? A.: Continuously. (d) Have you or any person who to your knowledge will drive the car ever been convicted of an offence in connection with a motor vehicle or motor cycle, or is any prosecution pending? A.: No. Q. 8: Will the car be driven by any person (a) under 21? A.: No." -Materiality of questions-Evidence of non-disclosure and misrepresentation -Statements made by H. and his

son-Admissibility against T.-Provision in policy "That nothing in this policy or in any endorsement thereon shall affect the right of any person indemnified by this policy or of any other person to recover an amount under or by virtue of the provisions of the . . . Road Traffic Act, 1934, Sect. 10 and Sect. 12"-Construction- Contra proferentes doctrine - Road Traffic Act, 1934, Sects. 10, 12.

THE "ARIGUANI" AND THE "CAPE ST. GEORGE."

(1940) 68 Ll L Rep 130

Collision-Anchored vessels - Red navigation light displayed on anchored vessel - Steamships Cape St. George and Saranac anchored in line in Walton Bay - Steamship Ariguani bound up river on flood tide-Red light of Cape St. George opened about 112 points on starboard bow of Ariguani, about one-quarter of a mile away - Starboard helm action taken by Ariguani-Collision between port quarter of Ariguani and port bow of Cape St. George - Subsequent and more serious collision between port bow of Ariguani and port bow of Saranac-Dispute as to whether red navigation light was being exhibited by Cape St. George-Whether Ariguani misled thereby - Duty of Ariguani under Collision Regulations- Seamanship-Sudden danger-Apportionment of blame-Whether second collision was the result of a subsequent act of negligence on the part of the Ariguani - Collision Regulations, Arts. 19, 22, 23, 27.

OCEAN STEAM SHIP COMPANY, LTD. v. QUEENSLAND STATE WHEAT BOARD.

(1940) 68 Ll L Rep 136

Practice - Writ - Service out of the jurisdiction - Conflict of laws - Shipment of wheat by defendants in plaintiffs' steamship for carriage from Brisbane to United Kingdom - Allegation by plaintiffs that wheat was infested with weevils, resulting in claims by owners of other cargo affected thereby-Action brought by plaintiffs to be indemnified by defendants (domiciled in Australia) - Leave granted by District Registrar for service of writ out of jurisdiction - Order reversed by Stable, J.-Appeal by plaintiffs-Wheat shipped under bill of lading providing: "(1) All the terms, provisions and conditions of the Australian Sea Carriage of Goods Act, 1924, and the schedule thereto are to apply to the contract contained in this bill of lading . . . If anything herein contained be inconsistent with the said Act and schedule it shall, to the extent of such inconsistency and no further, be null and void . . . (16) The contract evidenced by this bill of lading shall be governed by the law of England"-Australian Sea Carriage of Goods Act, 1924, Sect. 9 (1): "All parties to any bill of lading . . . relating to the carriage of goods from any place in Australia . . . shall be deemed to have intended to contract according to the laws in force at the place of shipment, and any stipulation or agreement to the contrary . . . shall be illegal, null and void, and of no effect"-R.S.C., Order 11, r.1(e)(iii).

THE "REX."

(1940) 68 Ll L Rep 143

Collision-River-Port to port passing- Collision between motor barge Queen Philippa (with barge lashed to her starboard side) and Swedish steamship Rex in Sea Reach, River Thames - Queen Philippa bound down on her proper (south) side; Rex moving up river from anchorage on southerly side - Starboarding by Queen Philippa-Head of Rex allowed to fall off to port-Attempt by Rex to avoid collision by going full speed ahead and hard-a-porting - Contact between port side of stem of Queen Philippa and starboard bow of Rex.

J. C. ANNEAR & CO., LTD. v. ATTENBOROUGH.

(1940) 68 Ll L Rep 147

Insurance - Subsidence or collapse of buildings - Lease by plaintiffs of premises at Penryn, Cornwall-Policy taken out with defendant underwriters to cover "Two buildings (including quays) and store . . . . £2500. To cover subsidence and/or collapse of buildings as above including cost of repairs through above causes" - Quay used as coke and coal store-Sinking of floor and bulging of wall - Whether due to subsidence, and, if so, whether occurring during currency of policy - Quantum of damage-Rebuilding of wall.

O'MELIA v. FREIGHT CONVEYORS, LTD., AND OTHERS.

(1940) 68 Ll L Rep 154

Docks Regulations, 1934-Breach of statutory duty-Personal injuries sustained by plaintiff dock labourer - Plaintiff, employed by defendant stevedores, engaged in unloading bags of salt from barge in Liverpool Docks-Fall of bags from defective sling-Slings provided by defendants-Evidence of testing and supervision; that sling in question did not belong to defendants or come from their store; and that it was used without their knowledge - Source undiscovered-Whether evidence of faulty system of working-Docks Regulations, 1934, Regulation 20.

THE "SAIMAA."

(1940) 68 Ll L Rep 164

Collision-Overtaking-Collision between motor vessels Magrix and Saimaa in Aberdeen Harbour-Vessels, leaving harbour, on converging courses, with the Magrix on the starboard side of the Saimaa-Dispute as to which vessel was overtaking - Speeds - Helm action- Look-out-Summary procedure-Agreement between parties that oral evidence at trial should be limited to one witness on each side-Further evidence contained in written statements-Value of such statements-Rules of Court of Court of Session, IV, 40 (1).

Lloyd's Law Reports