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GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD. v. J. H. MINET & CO., LTD.

(1942) 74 Ll L Rep 1

Insurance brokers - Breach of contract to insure - Negligence - Excess reinsurance issued by plaintiff company to Deutscher Luftpool in respect of "Flight and/or ground risks" to aircraft declared on risk - Cover from July 1, 1937," subject to 60 days' notice of cancellation at any time" - Instructions given in October, 1937, by plaintiffs' head office to their underwriter at Lloyd's that all outstanding liabilities on their non-marine and miscellaneous business must be terminated - Notice of cancellation given to Deutscher Luftpool to expire Dec. 31, 1937 - Plaintiffs still liable on declarations made before expiry date - Intention to reinsure such liabilities - Employment of defendants (Lloyd's brokers) to effect such reinsurance - Cover obtained by defendants with underwriters (R.W.R.) holding line on original reinsurance: - Assured: General Accident Fire & Life Assurance Corporation. Period: Dec. 10, 1937, to Dec. 31, 1937. Risk: Excess reinsurance. Sum insured, interest and conditions: In respect of original policy issued to Deutscher Luftpool. Maximum Rm.500,000 any one loss, excess of Rm.250,000 any loss, as original. Hereunder 2% of Rm.500,000, i.e., maximum Rm. 10,000 any one loss. Full reinsurance clause, excluding retention. 25% of total premiums received by General Accident Fire & Life Assurance Corporation.

Claims by Deutscher Luftpool under plaintiffs' reinsurance policy in respect of accidents to aircraft happening after Dec. 31 but declared before Dec. 10 - Claim by plaintiffs for indemnity from reinsuring underwriters (R.W.R.) - Repudiation of liability by reinsuring underwriters (R.W.R.) upheld in arbitration - Claim by plaintiffs against defendants for damages for breach of contract to insure - Alleged failure to exercise reasonable care and skill in effecting reinsurance - Dispute as to particulars of risk passed on by plaintiffs' underwriter to defendants - Knowledge and duty of broker - Whether plaintiffs under any obligation to examine cover note to see whether instructions to insure had been properly carried out by broker - Construction of slip initialed by R.W.R. - Extent of cover - Misrepresentation and/or concealment - Right of R.W.R. to repudiate liability.

J. H. RAYNER & CO., LTD., AND THE OILSEEDS TRADING COMPANY LTD. v. HAMBROS BANK, LTD.

(1942) 74 Ll L Rep 10

Bank - Letter of credit - Refusal by bank to accept documents not following exact wording of letter of credit - Sale by first plaintiffs (as agents for second plaintiffs) of parcels of Coromandel groundnut kernels to Danish company - Payment to be made by irrevocable credit, opened with approved London bank, available in London at sight against first presentation of bills of lading - Credit opened by Danish bank (on behalf of buyers) with defendant bank in London "against invoice, full set clean straight bills of lading to buyers . . . about 1400 tons Coromandel groundnuts . . ." - Letter of credit issued by defendants to plaintiffs providing for tender of invoice, insurance, and "Bills of lading in complete set issued to the buyers . . . covering a shipment of about 1400 tons Coromandel groundnuts . . ." - Tender of bills of lading describing goods shipped as "machine shelled groundnut kernels," with marginal marks: "O.T.C./C.R.S./Aarhus" - Clause 15: "Weight, measurement, quality, contents and value, although mentioned in the bill of lading, to be considered as unknown to the master unless expressly recognised and agreed to the contrary. Simple signature not to be considered as such agreement" - Payment refused on tender of documents - Precise description of goods sold not followed by bills of lading - Documents re-presented with authoritative certificates that goods shipped were Coromandel groundnuts - Further refusal - Evidence as to custom of trade and as to normal description of Coromandel groundnuts.

THE "DIXCOVE."

(1942) 74 Ll L Rep 16

Salvage - River - Services rendered by tugs Hibernia, Vincia and Sun X. to motor vessel Dixcove requiring assistance off Southend - Engines out of action - Vessel making water - Possibility that vessel would have to be beached - Towage to dock - Salved values: £161,000, plus Government cargo worth £7744 - Awards: Hibernia, £400; Vincia, £200; Sun X., £400.

KAVANAGH v. LONDON GRAVING DOCK COMPANY, LTD.

(1942) 74 Ll L Rep 18

Negligence - Ship repairers - Personal injuries sustained by plaintiff engaged in scaling ship's boiler - Escape of steam - Plaintiff's employers under sub-contract with defendant ship repairers to carry out scaling work - Liability of ship repairers - R. and C. boilers "in line" - R. boiler inside, C. boiler outside, ship's engine-room - R. boiler in use for discharge of cargo - Plaintiff working on C. boiler - Sudden escape of steam from scum valve of C. boiler - Plaintiff's contention that defendant ship repairers were under a duty (further, that there was an invariable practice) to insert blank flange in steam pipe from R. boiler which was under steam, before work on C. boiler was commenced - Evidence that defendants made inquiry from ship's engineers before permitting scaling work to be commenced, and that ship's engineers were well aware of danger to workmen if steam was allowed to pass from the R. boiler to the C. boiler - Closing of valve of R. boiler effective to prevent passage of steam.

RICHARDS v. COX.

(1942) 74 Ll L Rep 23

Solicitor - Negligence - Motor insurance - Personal Injuries sustained by plaintiff in motor accident - Plaintiff, a passenger, and driver in same employ - Negligence of driver - Driver covered under policy issued to employer - Policy covering (inter alia) third-party liability "Provided always that the [insurance company] shall not be liable in respect of . . . (b) Death of or bodily injury to any person in the employment of the insured arising out of and in the course of such employment. (c) Death of or bodily injury to any person (other than a passenger carried by reason of or in pursuance of a contract of employment) being carried in or upon or entering or getting on to or alighting from such vehicle at the time of the occurrence of the event out of which any claim arises. . . . (2) In terms of and subject to the limitations of and for the purposes of this section the company will treat as though he were the insured any person who is driving such vehicle on the insured's order or with his permission provided . . . (b) that such person shall as though he were the insured observe fulfil and be subject to the terms, exceptions and conditions of this policy in so far as they can apply" - Claim put in hands of defendant solicitor - Advice given by defendant's clerk that the policy did not provide indemnity for a common law claim brought by plaintiff and that plaintiff should accept damages on a workmen's compensation basis - Claim against insurance company settled on that basis - Action for damages brought by plaintiff against defendant, alleging negligent advice as to the proper action to take - Construction of policy.

McINTOSH v. BRITISH TANKER COMPANY, LTD.

(1942) 74 Ll L Rep 28

THE "MACGREGOR LAIRD."

(1942) 74 Ll L Rep 29

Collision - Dragging collisions - Novus actus interveniens - Onus of proof - Plaintiffs' motor vessel Conus anchored in close proximity to defendants' motor vessel Macgregor Laird - Plaintiffs' motor vessel Clam moored alongside another vessel and astern of Conus - Dragging by Macgregor Laird across anchor cable of Conus, Conus coming ahead and colliding with Macgregor Laird - Subsequent collision between Conus and Clam, Clam breaking adrift - Port anchor of Clam let go - - Order to lower starboard anchor not heard on forecastle head and not immediately carried out - Collision between Clam and Macgregor Laird - Evidence of violent weather in the vicinity - Warning of impending bad weather - Whether Macgregor Laird properly anchored in the circumstances - Whether failure of Clam to let go her starboard anchor immediately she was broken adrift constituted novus actus interveniens.

THE "ANTIOPE."

(1942) 74 Ll L Rep 34

Collision - Convoy - Vessels out of position - Collision between steamships City of Canton and Antiope in North Sea - Vessels in same column of south-bound convoy, with Antiope astern of City of Canton - Speed reduced by City of Canton on finding herself close to her next ahead - City of Canton overtaken on her port side by Antiope - Converging courses - Full ahead and hard-a-starboarding by Antiope after hailing City of Canton to go full astern - Contact between port bow of City of Canton and starboard side of Antiope.

THE "ALRESFORD."

(1942) 74 Ll L Rep 38

Collision - Convoy - Collision between steamships Cormarsh and Alresford in North Sea in south-bound convoy - Alteration of course for buoy - Vessels in irregular formation - Relative positions not allocated - Cormarsh to starboard of Alresford - Porting by Cormarsh and starboarding by Alresford in endeavour to obtain prior position at buoy - Contact between stem of Alresford and port side of Cormarsh.

THE "TUNGSHA."

(1942) 74 Ll L Rep 42

Collision - Convoy - Look-out - Single vessel crossing vessel in convoy - Collision between steamship Middleton and motor vessel Tungsha in Firth of Clyde - Middleton in single line convoy proceeding at slow speed - Tungsha, crossing course of convoy at angle of about 71 deg., seen by Middleton on starboard beam - Middleton under impression that Tungsha was overtaking - Warning signals flashed by Middleton - Signals not seen by Tungsha - Speed of Middleton increased when danger of collision became imminent - Astern and hard-a-starboard helm action taken by Tungsha when about one to two cables away from Middleton - Contact between stem of Tungsha and starboard side of Middleton, Middleton being sunk - Duty of vessels in convoy - Middleton unhampered in her movements - Tungsha unaware that Middleton was in convoy - Collision Regulations, Art. 21n.

THE "SALABANGKA."

(1942) 74 Ll L Rep 47

Collision - River - Starboard-hand rule - Collision between British steamship British Workman and Dutch steamship Salabangka in River Mersey - British Workman bound up; Salabangka bound down - Duty to navigate on starboard side of fairway - Dispute as to place of collision - Porting by British Workman; starboarding by Salabangka - Allegation by British Workman that she was embarrassed by vessel leaving dock on her starboard side - Contact between stem of Salabangka and starboard side of British Workman - Mersey Rules, No. 11 - Collision Regulations, Arts. 18, 25, 27.

JOHN MEACOCK AND THE NORTHERN ASSURANCE COMPANY, LTD. v. BRYANT & CO.

(1942) 74 Ll L Rep 53

Insurance - Loss - Payment by underwriters - Subrogation rights - Amounts owing by Spanish debtors to English creditors (defendants) - Restriction upon export of currency from Spain - Scheme arranged between British and Spanish Governments whereby sums paid by Spanish debtors into "Centro" Fund in Spain were earmarked for English creditors and sums paid by English debtors into Bank of England were earmarked for Spanish creditors - Policies taken out by defendants with plaintiffs covering "a loss in the event of the sums deposited by a bank or banks in Spain on behalf of the insured with the 'Centro' in Spain, not being received by the insured within fifteen months from the date of such deposit" - Sums not paid within named period - Payment in full under policies - Subsequent part payments under scheme - Right of plaintiffs to recover sums received by defendants under scheme.

N. V. GEBR. VAN UDEN'S SCHEEPVAART EN AGENTUUR MAATSCHAPPIJ v. V/O SOVFRACHT.

(1942) 74 Ll L Rep 59

Alien enemy - Right to sue - Enemy-occupied territory - Dutch shipowners with principal place of business at Rotterdam - Charter-party entered into between Dutch company and Russian charterers - Dispute under charter-party - Provision for arbitration in London - Appointment of arbitrators - Invasion and occupation of the Netherlands by Germans - Refusal by charterers to proceed with arbitration - Summons taken out by Dutch company asking for appointment of umpire - Order of C.A. upholding decision of Asquith, J., affirming Master Ball, who granted shipowners' application - Appeal by charterers - Meaning of "alien enemy" - Effect of enemy occupation of Holland - Whether shipowners (though allies) acquired an enemy character and were alien enemies at common law - Tests to be applied.

THE "MACGREGOR."

(1942) 74 Ll L Rep 82

Collision - Apportionment of blame - Revision by Appellate Court - Acceptance of trial Judge's findings of fact - Circumstances justifying alteration of apportionment - Collision in convoy between motor vessel British Fame and steamship Macgregor - Macgregor leading vessel in port column - British Fame second vessel in second column - Starboard helm action taken by leading vessels (including Macgregor) to avoid approaching crossing vessel - Speed of Macgregor not immediately reduced - Evidence that British Fame had not been keeping her proper station in the convoy - - Contact between starboard bow of Macgregor and port bow of British Fame - Both ships held to blame by Bucknill, J. - Apportionment: Macgregor, two-thirds; British Fame, one-third - Appeal by Macgregor - Blame reapportioned by C.A.: Macgregor, one-third; British Fame, two-thirds - Appeal by British Fame.

EDWIN LORD AND ANOTHER v. PACIFIC STEAM NAVIGATION COMPANY. [THE "OROPESA."]

(1942) 74 Ll L Rep 86

Collision - Damages - Novus actus interveniens - Death of sixth engineer of steamship Manchester Regiment following collision with steamship Oropesa - Claim by plaintiffs against Oropesa (1) as dependants under Fatal Accidents Acts, 1846 to 1908; (2) as administrators of estate of deceased engineer, for loss of expectation of life, under Law Reform (Miscellaneous Provisions) Act, 1934 - Collision action between steamships Manchester Regiment and Oropesa - Present plaintiffs joined as plaintiffs in collision action against Oropesa, claiming for loss of effects - Blame apportioned: Manchester Regiment, four-fifths; Oropesa, one-fifth - Right of plaintiffs to bring present action - Res judicata - Estoppel - Whether death of engineer due to collision - Evidence that deceased, with other members of crew, under master's orders, put to sea in one of the ship's lifeboats after collision in order to board Oropesa; that the decision of the master to leave by boat was taken voluntarily; and that the lifeboat capsized owing to an unexpected cross sea, nine of the lifeboat crew being drowned.

THE "KNITSLEY."

(1942) 74 Ll L Rep 95

Collision - Convoy - Vessels in adjoining columns - Collision between steamships Chatwood and Knitsley in North Sea - Vessels originally on parallel courses, with Knitsley on starboard beam of Chatwood - Contact between port bow of Knitsley and starboard side aft of Chatwood - Evidence as to courses followed.

THE "BESTUM" AND THE "MAURICE ROSE."

(1942) 74 Ll L Rep 99

Collision - Convoy - Following vessels - Collision between steamships Odysseus and Bestum in Firth of Clyde - Action brought by Odysseus against Bestum - Allegation by Bestum that collision was solely due to negligence of steamship Maurice Rose - Maurice Rose joined as second defendants - No negligence alleged against Odysseus - Bestum originally astern of Maurice Rose; Maurice Rose astern of Odysseus - Vessels out of position, Bestum having drawn up on starboard side of Maurice Rose, and between Maurice Rose and Odysseus - Glancing blow between Bestum and Maurice Rose, followed by serious collision between stem of Bestum and port side of Odysseus - Duty of vessels in line - Look-out.

THE "NORMANDY COAST."

(1942) 74 Ll L Rep 104

Collision - Convoy - Vessels in same column - Collision between motor vessel Pegrix and steamship Normandy Coast in North Sea - Vessels in port column, Normandy Coast being astern of Pegrix - Pegrix keeping course on a tanker ahead - Pegrix overhauled by Normandy Coast, latter vessel also keeping station on tanker, and subsequently steering course crossing course steered by tanker and Pegrix - Contact between stem of Normandy Coast and starboard side of Pegrix - Pegrix sunk.

FREDERICK LEYLAND & CO., LTD. (J. RUSSELL & CO.) v. COMPANIA PANAMENA EUROPEA NAVIGACION, LIMITADA.

(1942) 74 Ll L Rep 108

Contract - Repairs to ship - Claim by repairers for balance of amount due from shipowners - Purchase of damaged ship by T. on behalf of C. - Ship registered as in ownership of Panamanian company, of which T. and wife were sole directors - Power of attorney executed by company giving full powers to C. - Repairs to ship in London authorised under licence from Ministry of War Transport - Estimate requested from plaintiffs - Tender of £40,000 as an approximate figure rejected by C. - Requisition by Government - Work commenced by order of Ministry under supervision of Ministry surveyors, of British Corporation surveyor, and of T., also a ship surveyor, on behalf of C. - Subsequent agreement between Ministry, repairers and shipowners (C.), transferring all rights in vessel to shipowners, who were to be responsible for cost of repairs - Right of shipowners' surveyor to inspect and exercise reasonable supervision of repairs - "7. The owners shall pay for the repairs upon the ordinary commercial basis . . . Payment shall be effected as required by the repairers on the basis of cash against expenditure during the progress of the work and the ascertained balance on the completion of the repairs and every such payment shall be effected promptly by the owners after the issue of a certificate by the owners' surveyor that the work has been satisfactorily carried out and on receipt of a certificate of the amount due issued by the Costs Investigation Branch of the Ministry of War Transport and certifying that same has been checked and found correct (and the Minister agrees to procure that the said Costs Investigation Branch shall so certify and issue certificates). . . . Such last - mentioned certificates shall be accepted by the parties hereto as final and conclusive and shall not be questioned except as regards any error appearing on the face thereof and of which due notice shall forthwith be given to the said Costs Investigation Branch" - Certificate issued by Costs Investigation Branch certifying expenditure by repairers - Refusal by T. to issue certificate that work had been satisfactorily carried out - Construction of Clause 7 - Whether T. was entitled to refuse to issue certificate if, although repairs were satisfactory in quality, the cost was in his opinion excessive - Repairers' tender not a firm offer - Position of T. considered - Contention by shipowners that the issuing of a certificate by their surveyor was a condition precedent to the repairers' right to receive payment; further, that cost of repairs was excessive - Whether T. acted unreasonably in refusing to issue certificate.

COLFAR v. COGGINS & GRIFFITH (LIVERPOOL), LTD.

(1942) 74 Ll L Rep 132

Negligence - Personal injuries sustained by plaintiff stevedore engaged in loading bags of salt by derrick from barge to steamer - Plaintiff working in ship's hold - Sling swung by derrick, sling colliding with coamings - Fall of bags from sling - Claim against employers - Alleged defective system of working - Evidence that sling was loaded with an abnormal number of bags - Negligence of fellow-employees - Common employment.

THE "LARCHBANK."

(1942) 74 Ll L Rep 135

Collision - Convoy - Fog - Emergency - Collision between motor vessels British Petrol and Larchbank in Irish Sea - British Petrol in convoy - Larchbank manoeuvring to join convoy astern of British Petrol - Vessels sighted by each other on approximately parallel courses, at a distance of about one mile, with Larchbank on port side of British Petrol - Visibility subsequently reduced to about a ship's length - Course and speed of British Petrol maintained, but no fog signal sounded - Cluster of lights exhibited at stern - Hard-a-starboarding by Larchbank at speed - Contact between stem of British Petrol and starboard side of Larchbank - Admiralty Directions: "The use of whistles or sirens in fog is undesirable. They are not to be sounded except in an emergency or on hearing another ship approaching, when the master must use his discretion" - Decision of Bucknill, J., that the Larchbank was to blame for proceeding at full speed, with her wheel hard-a-starboard, after a dense fog had set in; and that, an "emergency" having arisen so far as the British Petrol was concerned, she was to blame for failing to sound her fog signal - Apportionment of blame: British Petrol, one-fourth; Larchbank, three-fourths - Cross-appeals - Order of C.A. that Larchbank was alone to blame - Appeal by Larchbank.

HARMAN v. CRILLY AND ANOTHER (ZURICH GENERAL ACCIDENT & LIABILITY INSURANCE CO., LTD., THIRD PARTIES).

(1942) 74 Ll L Rep 141

Motor insurance - Practice - Trial of action - Claim by plaintiff for personal injuries - Alleged negligence of first defendant (driver of car) employed by second defendants (assured) - Third-party notices issued by defendants to insurance company - Appeal by insurance company against decision of Croom-Johnson, J., upholding refusal by District Registrar to discharge notices - Trial by Judge alone - Whether joining of insurance company as third parties would prejudice fair trial.

THE "STELLING" AND THE "FERRANTI."

(1942) 74 Ll L Rep 145

Collision - River - Fairway - Interaction - Collision between plaintiffs' steamship Sheaf Water and first defendants' steamship Stelling in Erith Reach, River Thames - Sheaf Water bound down; Stelling bound up - Second defendants' steamship Ferranti, originally on starboard quarter of Sheaf Water, also bound down - Sheaf Water's case that she first observed the Stelling approaching on the starboard bow; that starboard helm signals were exchanged; that at the material time the Ferranti, which was overhauling the Sheaf Waters, passed or attempted to pass her at an improper time and in an improper manner (at 20 ft.); that the Sheaf Water, by reason of interaction between her and the Ferranti, failed to answer her starboard helm; that she accordingly sounded a port helm signal to the Stelling; but that the Stelling came on without altering her course and collided with the starboard side of the Sheaf Water, damaging her and necessitating salvage assistance - Stelling also damaged - Sheaf Water beached - Damage to jetty and dolphin due to sipping off shore - Whether a consequence of collision - Expert evidence as to interaction - Meaning of "fairway" in river - Whether Stelling coming up river in her wrong water - Port of London River By-laws, 1938, Rules 38, 39.

THE "SELENE."

(1942) 74 Ll L Rep 152

Collision - Convoy - Look-out - Speeds - Collision between motor vessel Corilla and steamship Selene in North Sea - Vessels in same convoy and originally in same column, with the Selene astern of commodore ship and the Corilla seventh in the column - Contention by Selene that she ported 20 deg. to follow in the wake of the commodore ship and that the Corilla approached her on her port beam - Plea by Corilla that Selene was out of position on the starboard beam of the Corilla and that she (the Selene) ported across the Corilla's bows - Whether Corilla should have immediately gone astern or stopped her engines.

POLPEN SHIPPING COMPANY, LTD. v. COMMERCIAL UNION ASSURANCE COMPANY, LTD.

(1942) 74 Ll L Rep 157

Marine insurance - Ship or vessel - Flying boat - Policy issued by defendants in respect of plaintiffs' motor vessel and covering ordinary marine perils - Collision with flying boat in Falmouth Harbour - Admitted liability of shipowners - Right to indemnity under R.D. clause in respect of collision "with any other ship or vessel" - Whether flying boat a "ship or vessel" - Merchant Shipping Act, 1894, Sect. 742 - Air Navigation Acts, 1920 and 1936.

LORENTZEN v. WHITE SHIPPING COMPANY, LTD.

(1942) 74 Ll L Rep 161

Sale of ship - Breach of warranty - Liability of purchasers to charterers - Ship time-chartered by defendants (owners) to P. Co. - Sub-charter to I. Co. - Ship warranted capable of steaming fully laden under good weather conditions at about ten knots on consumption of about 13 tons best grade fuel oil - Ship sold to plaintiffs subject to time-charter - Claim made by charterers against plaintiffs, alleging in breach of warranty poor speed and excessive fuel consumption - Right of plaintiffs to indemnity from sellers - Construction of contract of sale - Preliminary point for Court: "Whether, assuming that the vessel was not capable of steaming fully laden under good weather conditions about ten knots on a consumption of about 13 tons of best grade fuel oil, the defendants are under any liability to the plaintiffs" - Novation.

ALLEN v. MERSEY DOCKS AND HARBOUR BOARD (BRITISH INDIA STEAM NAVIGATION COMPANY, LTD., THIRD PARTIES).

(1942) 74 Ll L Rep 170

Negligence - Personal injuries sustained by dock labourer - Hire of crane by D. & Co. from Mersey Docks and Harbour Board - D. & Co. acting as undisclosed principals for British India Steam Navigation Company - Plaintiff wheeling gun into dock shed - Crane leaving shed - Crane stopped by driver immediately he saw plaintiff moving gun - Plaintiff unable to stop - Damage to hand - Claim against dock board - British India Steam Navigation Company joined as third parties.

THE "GEORGIOS P."

(1942) 74 Ll L Rep 175

Collision - Crossing course - Respective duties - Collision between steamships Georgios P. (in port column of convoy) and Pink Rose - Georgios P. sailing with dimmed lights - Vessels originally on crossing courses requiring Pink Rose to keep out of way of Georgios P. - Course of Pink Rose maintained until she found herself ahead of Georgios P. - Starboarding by Pink Rose - Porting by Georgios P. - Contact between stem of Georgios P. and port bow of Pink Rose - Pink Rose sunk - Vessels held equally to blame by Bucknill, J. - Appeal by Georgios P.

ELLERMAN & PAPAYANNI LINES, LTD. v. IGRAF (SALES), LTD. (SEQUERRA, THIRD PARTY).

(1942) 74 Ll L Rep 177

Sale of goods (f.o.b.) - Freight - Purchase by defendants of cases of sardines - Shipment from Portugal in plaintiffs' steamer - Freight "payable upon shipment and to be paid ship or goods lost or not lost and if not paid upon shipment shipper's consignees and the goods to remain liable therefor" - Freight not paid on shipment - Goods insured by defendants for £4500, subsequently increased to £6500 - Sale by defendants to third party - Payment: Net cash against documents, less allowances for import duty and landing charges - Part price paid by third party - Ship and cargo sunk - Agreement between defendants and third party that latter should claim under policy and that he should pay defendants balance of price, less certain allowances - Dispute as to whether third party agreed to pay freight - Claim by plaintiffs for freight admitted by defendants - Right of defendants to indemnity from third party - Subsequent discovery that vessel was sunk before contract with third party was entered into - Avoidance of contract - Effect - Restitutio - Judgment entered for defendants by Atkinson, J., against third party for agreed sum - Appeal by third party.

THE "ORTOLAN."

(1942) 74 Ll L Rep 178

Collision - Anchored vessels - Dragging collision - Anchor chain fouled - Novus actus interveniens - Plaintiffs' steamship Sherwood and defendants' steamship Ortolan at anchor in North Sea - Dragging by Ortolan - Anchor chain of Sherwood fouled - Subsequent dragging by Sherwood, resulting in collision with steamship Corsea half an hour later - Liability for loss of Sherwood's anchor admitted by Ortolan - Whether collision between Sherwood and Corsea was result of Ortolan's negligence.

THE "GOODWOOD."

(1942) 74 Ll L Rep 183

Collision - Convoy - Anchoring - Collision between steamships Corcrest and Goodwood in North Sea - Vessels in same column of convoy, with Corcrest following Goodwood - Order by commodore to anchor - Order not heard by either vessel - Decision by Goodwood to anchor when it became apparent from lights ahead that other vessels ahead were anchoring - Duty of Goodwood to give warning to vessels astern - Look-out on Corcrest.

THE "SELVISTAN."

(1942) 74 Ll L Rep 187

Collision - Convoy - Station-keeping - Collision between steamships Warkworth and Selvistan in Atlantic in west-bound convoy - Warkworth at head of column; Selvistan astern of her - Contact between stem of Selvistan and port side of Warkworth at angle of about five to six points leading forward on Warkworth - Evidence that Warkworth ported to avoid convergence upon vessel in next starboard column; and that the Selvistan also ported when she became aware that the Warkworth was shaping to cross ahead of her.

BLACK SEA & DANUBE SHIPPING & TRADING COMPANY, LTD. v. GOELAND TRANSPORT & TRADING COMPANY, LTD.

(1942) 74 Ll L Rep 192

Charter-party - Conversion - Hire - Alleged failure to redeliver vessels at end of charter period - Charter by plaintiffs to defendants (company formed by Ministry of Economic Warfare) of vessels operating on River Danube - Vessels to be redelivered at end of contract "in same condition as taken over less normal wear and tear" - Option to renew for further period - Plaintiffs informed by defendants two days before end of charter period that by reason of unsettled conditions in Rumania they did not wish to renew, but that they proposed to exercise their administrative control to negotiate a sale to the Soviet Government - Proposals agreed to by plaintiffs - Refusal by Rumanian Government to sanction sale - Vessels commandeered by Rumanian military authorities - Evidence that vessels were already under arrest of Rumanian Government - Claim by plaintiffs for damages - Whether owners were bound to accept redelivery before owners' repair survey.

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

(1942) 74 Ll L Rep 197

Negligence - Personal injuries sustained by plaintiff in falling upon escalator installed in departmental store - Alleged defect in escalator, giving rise to sudden jerk - Action brought against maintenance engineers - Evidence of periodical inspection, and that any minor defects which were present could not give rise to sudden jerk.

OCEAN STEAM SHIP COMPANY, LTD. v. BARCLAY, CURLE & CO., LTD.

(1942) 74 Ll L Rep 198

Collision - Launching - River Clyde - Duty to give warning under local by-laws - Whether adequate warning given to traffic in river - Collision between motor vessel Myrmidon and vessel King Haakon VII just launched - Myrmidon bound up river, in tow of tugs fore and aft - Obligation upon owners of launched vessel to place flag boats up and down river of line of launch - Evidence of warning given by police boat and by head tug's "full astern" signal - Flag boats in position - Look-out on Myrmidon - Visibility - Clyde Navigation By-laws, Rule 34.

THE "RICHMOND CASTLE."

(1942) 74 Ll L Rep 207

Collision - Opposite courses - Unlighted vessel fine on bow - Helm action - Collision in South Atlantic Ocean between steamship Bangalore and motor vessel Richmond Castle - Bangalore on course of S. 60 E.; Richmond Castle on course of N. 55 W. - Both going at full speed of about 15 knots - Dispute as to respective bearings of vessels when first sighted - Lights of each vessel switched on on sighting - Hard-a-starboarding by Richmond Castle - Serious damage to Bangalore - Ineffective attempts at salvage - Bangalore subsequently sunk by gunfire from Richmond Castle - Whether sinking a consequence of collision.

THE "CIRCE II."

(1942) 74 Ll L Rep 214

Collision - River - Crossing vessels - Collision between steamships Helmwood and Circe II in Thames Estuary in daylight - Weather foggy in patches - Helmwood bound up, leaving convoy and crossing river to proceed up Medway; Circe II bound down - Duty of Helmwood to give way and of Circe II to stand on - Starboarding by Circe II; porting by Helmwood - Contact between stem of Helmwood and port side of Circe II.

THE "LAIRDSBURN."

(1942) 74 Ll L Rep 219

Collision - River - Vessel leaving pier - Duty to vessels proceeding up or down river - Collision between steamships King Edward and Lairdsburn in Firth of Clyde - King Edward leaving Gourock Pier, Lairdsburn bound up - Speeds - Look-out - Whether King Edward should have seen the Lairdsburn's lights sooner - Dispute as to place of collision - Whether King Edward obstructed the passage of the Lairdsburn - Short blast sounded by King Edward indicating that she intended to pass the Lairdsburn port to port - Clyde Navigation By-laws, Rule 15.

THE "WILLIAM STROUD."

(1942) 74 Ll L Rep 223

Collision - Anchored vessel - Colliding vessel trawling - Look-out - Visibility - Collision between steam drifter Cat's Eye and steam trawler William Stroud - Cat's Eye at anchor; William Stroud trawling - No lights on Cat's Eye - Side lights being exhibited by William Stroud - Both vessels within prohibited area - Cat's Eye not seen by William Stroud until collision unavoidable - Absence of look-out on Cat's Eye - Special duty upon Cat's Eye, bearing in mind her position, to keep constant look-out.

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