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ASHWORTH v. J. McGUIRK & CO.

(1943) 77 Ll L Rep 1

Docks Regulations, 1934-Breach of statutory duty - Signaller - Unloading of ship - Personal injuries sustained by dock labourer while receiving cargo on quay -Struck by sling containing cargo swung from hatchway to quay - Claim against stevedores-"When cargo is being loaded or unloaded by a fall at a hatchway, a signaller shall be employed, and where more than one fall is being worked at a hatchway, a separate signaller shall be employed to attend to each fall"- Duty of stevedores-Whether satisfied by employment of signaller-Alleged absence of signaller at time of accident-Onus of proof of breach-Regulation 43.

THE "SEDULITY."

(1943) 77 Ll L Rep 4

Salvage-War-Air attack-Services rendered by motor vessel Charles M. to motor vessel Sedulity in North Sea-Sedulity attacked by enemy aircraft-Engines and steering gear deranged-Charles M. lashed alongside after unsuccessful attempts at towage by hawser-Damage to Charles M. during towage-Protection given by balloon and guns of Charles M.-Towage across sands to less dangerous position-Additional risk to Charles M. from enemy action while encumbered by tow-Right of naval gunner to participate in award-Salved values: £40,970-Award: £2800 (including £1500 damage to Charles M.)-Tender of £3000-Defendants awarded costs after date of tender.

FENLON v. REA, LTD.

(1943) 77 Ll L Rep 8

Negligence - Fatal accident to employee (director) of stevedoring company (R. & Son) engaged in unloading steamship at Liverpool Docks-Fall of frozen meat carcases from crane sling through striking ship's boat during lift-Alleged negligence of craneman employed by R. Ltd. (defendants) -Claim by personal representatives of deceased man-Slings loaded up by employees of R. & Son - Hatchman signaller also in employ of R. & Son-Ship discharging at berth appropriated to A. T. Co.-Placed at disposal of shipowners -Provisions for maintenance and working of shore cranes - Defendants normally employed by A. T. Co. to maintain and operate cranes - R. & Son engaged to discharge ship-Application made by R. & Son to A. T. Co. (in accordance with usual practice) for use of cranes-Defendants informed by A. T. Co. as to cranes required in unloading - Further details arranged between defendants and R. & Son-Alleged transfer of craneman's services by defendants to R. & Son (as agents for shipowners)- Whether defendants retained effective control - Evidence as to manner of discharge-Damages.

GIBBY v. EAST GRINSTEAD GAS & WATER COMPANY.

(1943) 77 Ll L Rep 19

Factories Act, 1937-Breach of statutory duty -Fatal accident during black-out to stoker employed at gas works-Fall from gantry to ground 11 ft. below-Gantry built out from retort house to enable hot coke to be taken by hopper to quenching station-Hopper drawn along rails by electric locomotive and emptied at end of gantry on to ground below-Hurricane lamp provided by employers for workmen's use-Not used by deceased-Evidence that deceased had fallen from gantry on return from coke hopper to retort house-Claim by widow under Fatal Accidents Acts, 1846-1908, and Law Reform (Miscellaneous Provisions) Act, 1934-Allegations that employers (1) failed to ensure that gantry was of sound construction; (2) failed to ensure that openings in the floor of the gantry were securely fenced; (3) failed to provide safe means of access; (4) failed to provide fencing as a means of security; (5) operated an unsafe system of working; (6) failed to provide adequate lighting- Meaning of "sound construction" - Whether including "design" - Safety measures to be provided "as far as is reasonably practicable"-Matters to be taken into account in considering questions of practicability-Absence of handrail-Evidence that operation had taken place without similar accident for number of years-Duty of workman to use safety appliance (hurricane lamp) provided by employers-Contributory negligence- Factories Act, 1937, Sects. 25 (1), (3), 26 (1), (2), 119 (1).

DUNCAN v. CAMMELL LAIRD & CO., LTD., AND OTHERS. CRAVEN v. SAME. [THE "THETIS."]

(1943) 77 Ll L Rep 26

Negligence-Shipbuilders-King's ship-Trials -Sinking of submarine Thetis with crew during diving trials in Liverpool Bay- Civilian and naval personnel on board- Failure of rescue operations-Submarine salved later - Consolidated claims by personal representatives-Thetis, built by C.L. not yet accepted by Admiralty- "All trials, including completion trials, and gun trials, and the navigation of the vessel and the working of the machinery during passage to and from the place of trial, and on all other occasions required by the specification and by these conditions, shall be conducted at the risk and at the expense of the contractors"- W.D.B. under sub-contract with C.L. to carry out certain painting work to vessel (including torpedo tubes) such work "to be to the entire satisfaction and approval of the Admiralty overseer"-Cause of loss -Failure of submarine to submerge according to plan-Rear door of No. 5 torpedo tube opened by W. and H. (naval personnel) in belief that tube was empty- Submarine flooded by sea water through No. 5 tube (bow cap being open to sea)- Precautions taken by W. and H. before opening rear door - Negative results obtained from test cock-Evidence that hole in test cock was ineffective because it was completely blocked by paint negligently applied by workman of W.D.B.- Painting work passed by employee of C.L. as fit for inspection by Admiralty overseer -No inspection by Admiralty overseer- Allegations of negligence against W. and H.; against W.D.B.; against C.L.; and against B. (naval officer in charge of submarine) -Whether W. and H. took all reasonable steps to ascertain real condition of affairs inside No. 5 tube-Liability of W.D.B.-Duty towards third persons in carrying out painting work-Rear door normally harmless but rendered dangerous by negligent work-"Proximity"-Duty of C.L. towards persons on board- Invitors-Vessel in their control and occupation up to date of commencement of trials-Opportunity to detect and remedy defect-Whether C. L. and B. guilty of negligence leading to failure of rescue operations.

LUBOVSKY v. SNELLING.

(1943) 77 Ll L Rep 57

Practice-Motor insurance-Limitation of action-L. killed in motor accident- Admitted negligence of defendant (driver of car)-Third-party insurance placed with C. Ltd.-Action brought by plaintiff (as administratrix of deceased's estate) under Fatal Accidents Act, 1846-Writ served on defendant-Plaintiff's solicitors informed by letter from defendant's solicitors that "the defendant will not contest the issue of negligence and that the only issue is one of quantum"- Admission of liability by insurers' agent -Action discontinued as plaintiff had not at date of writ taken out letters of administration, and there was some doubt whether proper notice had been given under Sect. 10 of Road Traffic Act, 1934- Position regularised and further writ issued-Defence raised that action was out of time-Estoppel-Fatal Accidents Act, 1846, Sect. 3.

THE "ELMDALE."

(1943) 77 Ll L Rep 61

Collision-Convoy-Collision between steamships Gamaria and Elmdale in North Sea- Both vessels in south-bound convoy, Gamaria being in port column and Elmdale in starboard column-Ships in starboard column ordered to form single column with port line of ships, ships in starboard column to fall in astern of opposite number in port column-Proper position of Elmdale three vessels astern of Gamaria - Elmdale, angled to port, sighted by Gamaria on starboard beam- No immediate action taken by Gamaria- Impact between stem of Elmdale and starboard side of Gamaria.

THE "YEARBY."

(1943) 77 Ll L Rep 64

Collision-River-Entering dock-Collision in daylight between motor vessel Shirrabank and steamship Yearby in River Mersey- Shirrabank manoeuvring to enter Brunswick Dock-Yearby, having turned in river after leaving Herculaneum Dock, bound down river on a course taking her inside Shirrabank-Impact between starboard bow of Shirrabank and port side of Yearby-Whether Shirrabank should have reversed her engines when she saw the Yearby approaching - Alleged duty to signal helm action taken in approaching dock-Whether overtaking rule applied.

THE MAYOR, ALDERMEN AND BURGESSES OF THE COUNTY BOROUGH OF NEWPORT, MONMOUTHSHIRE v. OWNERS OF STEAMSHIP "UMGENI" AND OWNERS OF STEAM TUG "TOXTETH." [THE "UMGENI" AND THE "TOXTETH."]

(1943) 77 Ll L Rep 69

Negligent navigation-Damage to dolphin protecting plaintiffs' transporter bridge at Newport (Mon.)-First defendants' steamship Umgeni, with tug fast fore and aft, on course down river after leaving dry dock-Second defendants' tug Toxteth (after her services had been refused by Umgeni) gradually overtaking Umgeni on starboard side-Tug squeezed between Umgeni and dolphin-Evidence of manoeuvres by Umgeni in approaching bridge-Risk of collision between Umgeni and bridge-Whether Toxteth could have taken steps to get clear of danger.

THE "VASNA."

(1943) 77 Ll L Rep 74

Collision-Crossing vessels-Look-out-Speeds -Helm action-Collision between steamship Miriam Thomas and hospital ship Vasna in Irish Channel-Miriam Thomas on course of 285 deg.; Vasna, fully lighted in accordance with Geneva Convention, on course of 353 deg.-Masthead and red lights of Miriam Thomas sighted by Vasna, which was proceeding at 13 knots, two points on starboard bow-Hard-a-port helm action taken by Vasna, port engine being put full astern-Glancing blow between stem of Vasna and port side forward of Miriam Thomas, which was afterwards struck by Vasna's starboard propeller-Miriam Thomas sunk with all hands-Duty of Miriam Thomas-Onus of proof of negligence against Miriam Thomas-Dispute as to weather conditions -Collision Regulations, Art. 21.

COMMISSIONERS OF INLAND REVENUE v. TURNBULL.

(1943) 77 Ll L Rep 80

Revenue - Excess Profits Tax - Trade or business-T. (marine engineer) employed by R. Ltd. as sole agent in London for obtaining orders for shipbuilding, marine machinery, boiler making, etc.-Agreement terminated in 1934-Similar agreement entered into in 1935 with P. & Son -Agreement still in force-T. also acting as sole representative of M. Ltd. in South-East England-Office expenses contributed to by P. & Son but not by M. Ltd.- Secretary's salary paid out of own pocket - Whether T. carrying on trade or business on own account as manufacturers' agent - Finance (No. 2) Act, 1939, Part III.

BISHOP & BAXTER v. ANGLO-EASTERN TRADING & INDUSTRIAL COMPANY, LTD.

(1943) 77 Ll L Rep 83

Contract - Consensus ad idem - Terms - Counter-offer-Sale of 20,000 cardigans- 3000 delivered-Claim by sellers for price -Liability admitted by buyers-Counter-claim by buyers for damages for failure to deliver balance of 17,000 - Order for 20,000 accepted by sellers (merchants) "subject to the necessary licences, etc., being in order and subject to Government restrictions as to sales, and war clause" -Merchants supplied by manufacturers- Inability of manufacturers to perform- Alleged term of contract that buyers should obtain certificate sanctioning replacement of raw materials used in excess of quota-Whether firm contract concluded-Meaning of "subject to war clause"-Measure of damages - Goods unobtainable elsewhere.

LARRINAGA STEAMSHIP COMPANY, LTD. v. THE CROWN. [THE "RAMON DE LARRINAGA."]

(1943) 77 Ll L Rep 102

Charter-party-Warlike operations-"Complying with" charterers' orders-Stranding -Requisition of petitioners' steamship under T.99 A-Owners to be indemnified by charterers in respect of loss arising from the consequence of warlike operations, also in respect of liabilities arising from master's compliance with charterers' orders as regards "employment, agency, or other arrangements"-Ship employed on carriage of war stores-Notification given by Crown that upon completion of voyage to St. Nazaire, she would be released from Government service -Discharge completed at St. Nazaire- Orders given by dock officer (charterers' agent) that ship should leave dock immediately-Evidence given by ship's officer that he expressed his opinion to the dock officer that it would be unsafe to leave port in the prevailing weather, and that he complied with such orders contrary to his better judgment-Rough weather experienced on leaving port-Ship anchored on advice of pilot-Endeavour to return to St. Nazaire-Stranding- Petition of right brought by owners claiming damages on basis that stranding occurred (1) as a consequence of the warlike operation on which the ship was engaged; (2) as a consequence of compliance with the charterers' orders "as regards employment, agency, or other arrangements" - Dominant cause of stranding.

MITCHELL COTTS & CO. (MIDDLE EAST), LTD. v. HAIRCO, LTD.

(1943) 77 Ll L Rep 106

Sale of goods-Import of goods-Licence- Passing of property-Inspection by buyers -Frustration-Sale of goat hair c.i.f. U.K. port, payment to be made by buyers on landed weights after approval of goods at port of arrival-Sellers a London company having branch at port of shipment- Importation of goat hair prohibited except under Board of Trade licence- -Goods landed at U.K. port without import licence having been obtained- -Application by buyers for licence refused-Goods confiscated by Board of Trade - Claim by sellers for price- Whether obligation to obtain licence on buyers or sellers-Duty upon importers- Buyers' plea that contract was frustrated (a) by reason of actual refusal of licence; (b) by reason of the fact that such applications had been refused before the contract was entered into-Customs Consolidation Act, 1876, Sects. 39, 40, 284 - Import, Export and Customs Powers (Defence) Act, 1939-Import of Goods (Control) Order, 1940.

THE "EMPIRE BYRON."

(1943) 77 Ll L Rep 117

Collision-Convoy-Alteration of course-Lookout -Collision between steamships Saltwick and Empire Byron off east coast of Scotland-Ships in same north-bound convoy-Under orders to alter course to port at turning buoy upon signal being given by commodore ship, each ship to follow next ahead-Poor visibility-Ships out of position-Porting by Saltwick at buoy before executive signal from commodore ship, followed by hard-a-port helm action (whistle then being sounded by her) when she became aware of another ship closing on her starboard beam-Empire Byron then seen on port beam-Hard-a-starboarding by Saltwick, engines shortly afterwards being stopped and later put full astern-Empire Byron, under port helm, after approaching buoy with another ship on port beam, made aware of Saltwick when she (the Saltwick) sounded whistle on taking hard-a-port helm action -Impact between port bow of Saltwick and starboard quarter of Empire Byron- Whether Saltwick negligent (1) in first porting without signalling; (2) in porting before executive signal from commodore ship.

-Consequential damage-Decision of master of Saltwick after collision to take refuge in Peterhead Bay-Ship anchored inside breakwater under directions of local pilot and harbour-master- Squally weather-Anchors dragged, ship stranding on rocky shore, suffering further damage and necessitating salvage services -Whether master of Saltwick acted unreasonably (a) in putting into Peterhead Bay, which was an unsuitable anchorage, when other suitable ports were accessible; (b) in failing to leave Peterhead Bay when he became, or should have become, aware that the anchorage there was unsuitable; (c) in failing to pay out further anchor cable as the weather deteriorated.

THE "MAJFRID" (OWNERS) (AND THEIR BAIL).

(1943) 77 Ll L Rep 127

Bail-Liability under bond-Action brought by plaintiffs (owners of barges and their cargoes) against owners of Swedish steamer Majfrid-Damage incurred when barges shifted from berth owned by L. to make room for Majfrid-Majfrid arrested -Released on undertaking by shipowners' solicitors to enter appearance and put in bail-Bail provided for sum not exceeding £1000 by directors of managers of "The London," agents for "The Skuld," the ship's protecting and indemnity association -L. joined as second defendants- Owners of Majfrid found alone to blame- Damages and costs amounting to £1500- £1000 paid to plaintiffs-Motion by plaintiffs to recover balance from bail-Circumstances of payment of £1000-Cheque on printed form of "The London," and signed by directors of "The London"- Cheque drawn in favour of shipowners' solicitors and indorsed by them to plaintiffs' solicitors-Whether payment made by "The London" on behalf of shipowners or on behalf of bail.

ATHEL LINE, LTD. v. LIVERPOOL AND LONDON WAR RISKS INSURANCE ASSOCIATION, LTD.

(1943) 77 Ll L Rep 132

General average-Expenditure incurred for the common safety-Plaintiffs' ships in convoy from Bermuda under orders to join another convoy bound from Halifax to United Kingdom-Previous convoy attacked by German surface raider-Convoy containing plaintiffs' ships ordered by Admiralty to return 500 miles to Bermuda -Voyages prolonged by six days-Extra expenditure incurred-Claim to recover from defendant insurers as general average expenditure-Circumstances in which general average expenditure was claimable -Orders to put back given by commodore of convoy on Admiralty instructions- Masters and commodore unaware of facts giving rise to issue of orders by Admiralty -Act of "stranger" - York-Antwerp Rules, 1924, Rules A, C, E, 10 (a), 11- Marine Insurance Act, 1906, Sects. 66, 87.

MOORE v. CLYDE PILOTAGE AUTHORITY.

(1943) 77 Ll L Rep 138

Pilot - Licence - Revocation - Oppression- Irregularity-Inquiry by pilotage authority committee into conduct of pilot in charge of vessel proceeding up River Clyde -Collision with vessel just launched-Procedure at inquiry-Appeal by pilot against revocation of licence by committee- Contention that proceedings before committee were irregular, oppressive and unjudicial on the grounds (1) that the appellant was not present when the pilot of the launched vessel was giving evidence; (2) that the evidence of certain witnesses was accepted on the faith of written reports; (3) that certain members of the committee had already been parties to an ex parte report on the circumstances of the collision and that that report had been adopted without independent inquiry; and (4) that an adverse report by the pilot-master on the appellant's past record was acted on without the appellant having any opportunity to explain or contradict it- Further ground of appeal that the pilot was not to blame for the collision and that in any event the authority's decision on the merits was unduly severe-Restoration of licence by Sheriff-Substitute on grounds that proceedings before committee were irregular, oppressive and unjudicial; further, that although the pilot was in breach of a by-law and guilty of an error of judgment in handling the ship immediately before the collision, there were extenuating circumstances and the penalty inflicted was unduly severe and would have been met by a two months' suspension -Appeal by authority to Court of Session-Scope of appeal-Pilotage Act, 1913, Sects. 26, 28.

ROPER v. "FORT LAMY" (MANAGERS).

(1943) 77 Ll L Rep 149

Workmen's compensation-Agreement to pay -Authority to enter into agreement- Ship's engineer incapacitated by accident on board ship-Agreement entered into between injured seaman and branch manager of Shipping Federation, Ltd., under which seaman was to be paid compensation under Act-Application to record agreement refused by County Court Judge on ground that branch manager (as agent for the managers of the ship) acted outside the scope of his authority-Appeal by seaman.

MILLER v. "OTTILIE" (OWNERS).

(1943) 77 Ll L Rep 150

Workmen's compensation - "Remunerated mainly by shares in the profits"-Accident to ship's cook employed in trawler -Crew to be paid wages (which included basic rate, food, and risk money) and share in profits-Earnings on voyage: basic wage, £2 3s. 9d. risk money, £1 5s.; food, 18s.; poundage (share of the profits earned by the vessel), £7 9s.-Whether "mainly" remunerated by shares in the profits-Meaning of "mainly"-Workmen's Compensation Act, 1925, Sect. 35 (2).

THE "GARTBRATTAN."

(1943) 77 Ll L Rep 154

Collision-Convoy-Alteration of course- Seamanship - Look-out - Collision between steamships Melrose Abbey and Gartbrattan in Atlantic Ocean-Ships in same convoy, Melrose Abbey being in second column to port of Gartbrattan-Enemy submarine sighted, convoy being ordered to proceed at maximum speed-Melrose Abbey under instructions to alter course to port, Gartbrattan being under duty to keep course and speed-Substantial port helm taken by Gartbrattan-Impact between stem of Melrose Abbey and port side of Gartbrattan at about right angle.

THE "WINONA."

(1943) 77 Ll L Rep 156

Collision-Crossing vessels-Look-out-Lights -Collision between steam trawler Nubia and steamship Winona in North Sea- Nubia southward bound; Winona in northbound convoy-Nubia sighted by Winona between 400 and 700 ft. away on starboard bow-Immediate porting by Winona- Impact between stem of Winona and port side of Nubia-Nubia sunk with loss of everyone on deck-Duty of Nubia under Art. 21n.

THE "SERINGA."

(1943) 77 Ll L Rep 161

Collision - Damages - Interest-Reference- Motion in objection to Assistant Registrar's report-Collision between steamship Seringa and motor vessel Kronprinsessan Margareta in Belfast Lough - Kronprinsessan Margareta at anchor-Liability admitted by Seringa-Award of damages to owners of Kronprinsessan Margareta- Interest awarded from date of repair bill (The Hebe, (1847) 5 Notes of Cases 176)- Contention by owners of Kronprinsessan Margareta that learned Assistant Registrar had failed to take into account the fact that they had paid far larger items or were out of pocket in respect thereof on dates substantially earlier than the date of the repair bill-Ambiguity of document No. 68 concerning detention claim- Misunderstanding by Assistant Registrar of its meaning-Matter remitted to Assistant Registrar, owners of Kronprinsessan Margareta to be at liberty to call further evidence as to meaning of document No. 68 -Costs of motion reserved.

THE "RAVNEFJELL."

(1943) 77 Ll L Rep 163

Collision-Convoy-Inevitable accident- Collision between motor vessel Axel Johnson and steamship Ravnefjell in Atlantic- Axel Johnson originally in line astern of Ravnefjell-Torpedo attack on convoy- Evasive hard-a-port helm action by Ravnefjell, taking her across course of vessels following-Ravnefjell subsequently hit by torpedo which did not explode- Engines stopped-Port helm action in the meantime taken by Axel Johnson under orders of commodore-Later action with engines and helm to avoid Ravnefjell which was lying across her course.

THE "ATHELCHIEF."

(1943) 77 Ll L Rep 166

Collision-Convoy-Fog-Reduction of speed -Courses-Collision between steamship Chancellor and motor vessel Athelchief in Atlantic Ocean-Chancellor second ship in third column from port to starboard; Athelchief second ship in sixth column- Order by commodore ship (ahead of Chancellor) to reduce speed not heard by Chancellor-Starboard helm action (with no immediate reduction of speed) taken by Chancellor when she found that she was drawing up on commodore ship-Contact between stern of Athelchief and starboard side of Chancellor at angle of about five points leading forward on Chancellor -Chancellor sunk-Duty of Athelchief- Whether she ported into the Chancellor.

EBERLI, SHORTER & CO. v. MALTBY.

(1943) 77 Ll L Rep 171

Insurance brokers - Premiums - Account - Claim by plaintiff brokers against defendant broker for premiums payable by defendant in respect of reinsurances effected through plaintiffs by defendant (agent of Portuguese companies)-Claim admitted-Counterclaim by defendant to set off sums alleged to be due from plaintiffs -Absence of proof of counterclaim- Documents destroyed by enemy action- Illness of defendant-Counterclaim discontinued by leave of Court-Judgment for plaintiffs on claim.

COLLINS v. A. E. SMITH & SON, LTD.

(1943) 77 Ll L Rep 173

Negligence-Docks Regulations, 1934-Breach of statutory duty-Means of access-Clear passage leading to means of access- Personal injuries sustained by ship's painter-Arm crushed between railway wagons while making his way across dockside -Wagons set in motion by capstan worked by stevedores loading ship-Claim against stevedores - Whether plaintiff received adequate warning-Contributory negligence-Regulations 9, 35.

PRENTON v. GENERAL STEAM NAVIGATION COMPANY, LTD.

(1943) 77 Ll L Rep 174

Negligence-Personal injuries to apprentice engaged on electrical work on board defendants' steamship-Fall down hold- Inadequate lighting-Plaintiff employed by M. Ltd.-M. Ltd. under contract with shipowners to carry out electrical work on board-Claim against shipowners dismissed by Lewis, J., on ground that that part of the ship in which the accident occurred was in the exclusive possession of the contractors and sub-contractors (which included M. Ltd.) to do their work; that the shipowners were not negligent; and that there was contributory negligence by the plaintiff.

THE "DALEWOOD."

(1943) 77 Ll L Rep 175

Collision - River - Fog - Speeds - Collision between steamships Lady Olga and Dalewood in Woolwich Reach, River Thames -Lady Olga bound up; Dalewood bound down-Ferry boat crossing river from north to south-Poor visibility-Risk of collision between Lady Olga and ferry boat-Port anchor of Lady Olga dropped -Cant to port-Porting by Dalewood and engines reversed when she became aware of the Lady Olga, close to-Action taken ineffective to avoid collision-Speed in fog.

THE "NUTFIELD."

(1943) 77 Ll L Rep 179

Collision-River-Look-out-Vessel backing up river in water reserved for down-going vessels - Collision between steamships Dalewood and Nutfield in Long Reach, River Thames-Dalewood bound down on south side; Nutfield, also on south side, backing up river preparatory to making her way to berth on south side-Porting by Dalewood to pass Nutfield about 70 to 80 ft. to northward-North side of river obstructed by sailing barges driving up river-Effect of Nutfield's astern action-Cant of stern to northward- Hard-a-porting by Dalewood-Attempt by Nutfield to avoid collision by full ahead action-Impact between starboard side of Dalewood and port quarter of Nutfield- Failure of Dalewood to signal her port helm action - Collision Regulations, Art. 28.

THE "CITY OF BEDFORD."

(1943) 77 Ll L Rep 183

Collision - Convoy - Helm action - Lights - Collision between steamships Bodnant and City of Bedford in North Atlantic- Vessels originally on almost opposite courses-Contact between bow of City of Bedford and port side of Bodnant at broad angle.

THE "DAGRUN."

(1943) 77 Ll L Rep 186

Collision - Convoy - Manoeuvres taken to avoid air attack - Collision between Swedish steamship Johanna and Norwegian motor vessel Dagrun off Scottish coast-Both vessels in port column of convoy-Contact between starboard bow of Johanna and port bow of Dagrun at angle of six points leading forward on both vessels.

H. A. DEERING (LIGHTERAGE), LTD. v. J. & W. NICHOLSON & CO., LTD. [THE "HUMORIST."]

(1943) 77 Ll L Rep 189

Negligence - Bad berth - Obstruction - Damage to barge-Duty of inspection of berth-Conditions contained in "Notice to barge-owners and others" - Berth-owners absolved from liability to users- Notice-board on wall of warehouse-Wording faded and difficult to read-Plaintiffs' barge Humorist berthed at defendants' wharf, River Thames, to load cargo, vessel taking ground on several tides - Barge waterlogged-Bottom set up, admittedly due to presence of iron weights in berth- Defendants' evidence that they had just previously made a thorough inspection of berth (1) by treading over the berth, followed by (2) clearing off the mud and slurry (with any obstructions) with squeegees, and that the weights found their way on to the berth subsequently- Effect of notice - Whether conditions brought to notice of users of berth.

THE "GARONNE."

(1943) 77 Ll L Rep 194

Collision - Convoy - Look-out - Collision between steamship Manchester Division and motor vessel Garonne in Atlantic Ocean-Ships in same convoy, Garonne being in column to starboard of Manchester Division-Manchester Division on course slightly to starboard of her proper convoy course, converging on Garonne - Starboarding by Manchester Division shortly before collision, helm signal being sounded-Impact between stem of Garonne and starboard side of Manchester Division-Duty of Garonne.

THE "LLANOVER."

(1943) 77 Ll L Rep 198

Collision-Anchored vessels-Fog-Look-out- Collision between steamships Presto and Llanover in North Sea-Ships in convoy- Convoy under orders to anchor - Presto already at anchor, sounding her bell; Llanover manoeuvring to anchor-Other vessels at anchor in vicinity - Impact between counter and rudder of Llanover (which had stern way) and starboard side of Presto-Presto sunk-Presto admittedly not to blame - Allegations of negligence against Llanover: (1) failing to anchor earlier than she did; (2) bad look-out; (3) going astern at improper time; (4) allowing her stern to swing to port at an improper time; (5) paying out an extra two shackles of chain shortly before collision.

N. E. NETER & CO., LTD. v. LICENSES & GENERAL INSURANCE CO., LTD.

(1943) 77 Ll L Rep 202

Marine insurance-Perils of the sea-Damage to cargo-Onus of proof-Plaintiffs' cargo of china clay shipped from Fowey via Liverpool to Bombay-Staining damage discovered after discharge-Contact with dye-stuff shipped in casks in same hold- Casks stove in-Heavy, though normal, weather on voyage-Claim by plaintiffs under defendants' policy covering perils of the seas-Inferences to be drawn from facts-Whether evidence established that casks were stove in as result of heavy weather-Plea by defendants that in any event damage so caused was not loss due to sea perils-Proximate cause.

THE "EXANTHIA."

(1943) 77 Ll L Rep 207

Collision-Convoy-Look-out - Speed - Collision between motor vessel British Valour and American steamship Exanthia in Atlantic Ocean-British Valour in convoy -Convoy course crossing mean course of Exanthia at angle of about a point from starboard to port-Course of British Valour maintained-Port helm action taken by Exanthia to avoid vessels in convoy-Starboarding to regain mean course-Allegation by Exanthia that British Valour was then sighted (unlighted) on starboard bow, and that subsequently, when close to, she opened her masthead and red lights-Full ahead and hard-a-porting by Exanthia- Impact between stem of British Valour and starboard side of Exanthia.

ROYAL HELLENIC GOVERNMENT v. "AEGEUS" (OWNERS); SAME v. "ILISSOS" (OWNERS). (CONSOLIDATED ACTIONS).

(1943) 77 Ll L Rep 212

Collision-Convoy-Duty to maintain position -Salvage claim-Consequential damages -Collision between steamships Ilissos and Aegeus in Atlantic Ocean in fog-Ships in same convoy, with Ilissos in column to port of Aegeus-Obligation of ships in convoy -Duty of Aegeus when she became aware that Ilissos was converging on her- Impact between stem of Ilissos and port side of Aegeus-Damage to Aegeus- Abandonment by crew-Boarded by party from warship, steam being raised and pumps got working-Return of crew to Aegeus-Salvage claim by boarding party settled-Right to recover as consequential damages-Whether abandonment by crew reasonable.

THE "MIMOSA."

(1943) 77 Ll L Rep 217

Collision - Dragging - Anchored vessels - Inevitable accident-Collision between steamships Danae II and Mimosa in Bay Bulls (N.F.)-Both ships at anchor- Mimosa to windward of Danae II-Dragging by Mimosa towards Danae II- Dragging by Danae II after collision, ship subsequently grounding and sustaining serious damage - Look-out - Weather conditions not abnormal.

GRAIG SHIPPING CO., LTD. v. INTERNATIONAL PAINT & COMPOSITIONS CO., LTD.

(1943) 77 Ll L Rep 220

Arbitration-Award-Motion to set aside- Bad in law on face-Sale of paint-Paint ordered by hundredweight-Supplied by gallon - Submission to arbitration on question "whether or not the paint company has or has not made overcharges for the paint"-Arbitrators unable to agree -Reference to umpire-Finding that there was implied agreement that paint should be charged for at a price per hundredweight-Award that paint company were liable to repay amounts paid in excess and that they should refund to the buyers "the sum of £31 15s."- Admitted slip by umpire-Sum awarded to be refunded never in fact paid but allowed to buyers by way of credit note- Issue outside submission-Whether rest of award enforceable as valid award.

MARINE INSURANCE COMPANY, LTD. v. GRIMMER.

(1943) 77 Ll L Rep 224

Insurance-Reinsurance-Slip-"Cavelier s.s. and/or steamers"-Open cover including war risks provided by plaintiff insurance company in respect of all sugar shipments by Jamaican company-Plaintiffs notified of intended shipment under policy (vessel not being named)-Brokers instructed by plaintiffs to arrange special reinsurance cover-Slip placed by brokers before defendant underwriters in respect of "sugar and/or interest as original" in "Cavelier and conveyances as original" -Brokers after inquiry by plaintiffs and before full reinsurance cover effected, instructed to alter slip to read "Cavelier s.s. and/or steamers held covered"-Slip re-initialled by defendants-Effect of alteration - Plaintiffs' honest (though erroneous) belief that sugar would be shipped in Cavelier-Nominated sugar in fact shipped in steamer Western Head- Western Head sunk before brokers instructed to reinsure-Right of recovery under reinsurance policy-Whether, as the defendants contended, it was a condition precedent to the risk attaching that the sugar was intended to be shipped in the Cavelier, or whether, as the plaintiffs contended, it was sufficient that they (the plaintiffs) had reasonable grounds for their belief that it would be shipped in the Cavelier - Amount of recovery - Other sugar shipped in Cavelier-"Rate to be arranged"-Whether defendants entitled to adjustment of premium-Date for fixing rate-Date of sailing or date on which slip underwritten.

HOLLAND v. JOHN POOLE & SONS, LTD.

(1943) 77 Ll L Rep 239

Master and servant-Termination of employment - Notice - Plaintiff engaged by defendant company in 1923 as junior insurance broker, subsequently attaining position as manager of defendants' non-marine department-No formal appointment -Plaintiff paid salary plus half commission on own business introduced - Appointment to board of directors in 1934, plaintiff receiving shares in defendant company in lieu of commission on own business-Plaintiff paid director's fees and share of profits in addition to salary as non-marine manager-Growing friction between plaintiff and rest of board, resulting in calling of extraordinary general meeting in 1942 reducing directorate-Plaintiff not re-elected to board - Effect - Further meetings and discussions between parties as to compensation and disposal of shares-Inferences to be drawn from correspondence-Contention by defendants that upon appointment to the board in 1934 any appointment then held merged in directorship and therefore effect of meeting reducing directorate determined completely his position in the company save as shareholder; alternatively, that his employment with the defendants was wholly determined by agreement between the parties at a subsequent meeting; and that, in any event, notice of termination was to be inferred from the subsequent correspondence and discussions-Claim by plaintiff for declaration that his employment as non-marine manager had not been terminated and was still subsisting.

TEMPLE STEAMSHIP COMPANY, LTD. v. V/O. SOVFRACHT.

(1943) 77 Ll L Rep 257

Charter-party - Mixed time and voyage charter-Alterations to printed form of time charter-Effect-"One round voyage to"-Customary meaning-Repugnancy- Charter of ship to be delivered at a Bristol Channel bunkering port "for a period of one round voyage to the Kara Sea. . . . To be employed in lawful trades . . . between good and safe ports or places within the following limits: United Kingdom, Continent, South Africa, Baltic, White Sea, Murmansk, Mediterranean not east of Greece (excluding Spain and Spanish possessions) and Igarka, Yenissei River, Kara Sea, with liberty to call at ports or places en route and including Spitzbergen (Barentsburg and Grumant City) and Dikson. . . . To be redelivered . . . at an ice-free port in charterers' option in South Africa Cape Town/Lourenco Marques range"-Ship sent in ballast to Igarka-Timber cargo loaded, ship sailing for Durban on Sept. 1, 1939 - Ordered by U.S.S.R. authorities while still in Russian waters to put into Murmansk and discharge her cargo-Arrival at Murmansk on Sept. 9 -Discharge completed by Sept. 29-Ship unable to obtain immediate clearance from Russian authorities - Evidence of negotiations between British and Russian government authorities as to release of ships in Russian waters-Loading of pitprops commenced on Nov. 8 and completed on Nov. 17, ship then sailing for Garston- Arrival at Garston on Dec. 14, ship being requisitioned by British Government after discharge-Claim by shipowners against charterers-Alleged breach in failing to order ship to proceed to South Africa immediately after discharging at Murmansk and in sending the ship to Garston with a cargo of pitprops-Arbitration- Award that charterers were liable in damages-Case stated.

YAGER v. FISHMAN & CO. AND TEFF & TEFF.

(1943) 77 Ll L Rep 268

Solicitors - Negligence - Duty to client - Request by plaintiff to second defendants to endeavour to obtain his release from guarantee of lease granted to company now in liquidation - Responsibility of second defendants to explore possibilities -Duty to give adequate business advice -Lease containing option to determine- Duty to remind plaintiffs of date at one time within plaintiff's knowledge-Claim for damages for negligence brought by plaintiff (a) against first defendants, in that they failed within reasonable time to take proper steps to negotiate the assignment and sub-lease; (b) against second defendants, in that they failed to inform plaintiff of the option to determine the lease and to advise him of the steps necessary to be taken-Decision of Croom-Johnson, J., that both defendants were negligent, but that no damages were attributable to the first defendants' delay-Judgment entered for plaintiff against second defendants, with costs; and for first defendants against plaintiff without costs-Appeal by second defendants.

THE "PORJUS."

(1943) 77 Ll L Rep 278

THE "GEO. W. McKNIGHT" AND THE "BRITISH INTEGRITY."

(1943) 77 Ll L Rep 282

Collision-Double collision-Convoy-Crossing courses-Seamanship-Look-out - Steamship Meerkerk and motor vessel British Integrity in inward-bound convoy in Irish Channel-Meerkerk astern of British Integrity - Motor vessel Geo. W. McKnight in outward-bound convoy crossing course of inward-bound convoy from starboard to port at angle of about 60 deg. -Vessels sailing without lights-Lights switched on when sighted by each other about half-mile away-British Integrity sighted by Geo. W. McKnight on port bow -Porting (helm signal being sounded) by Geo. W. McKnight - Meerkerk then sighted by Geo. W. McKnight astern of British Integrity and on same course- Engines of Geo. W. McKnight stopped- Geo. W. McKnight sighted by British Integrity on starboard bow-Starboarding (helm signal being sounded) by British Integrity-Engines put dead slow-Porting by British Integrity immediately she heard port helm signal of Geo. W. McKnight-Starboarding by Meerkerk to follow British Integrity - Porting by Meerkerk and engines reversed when she realised collision between British Integrity and Geo. W. McKnight was imminent- Collision between starboard bow of British Integrity and starboard bow of Geo. W. McKnight, followed by collision between port quarter of Geo. W. McKnight and bow of Meerkerk-Collision Regulations, Art. 21.

THE "DOLABELLA."

(1943) 77 Ll L Rep 292

Collision-Convoy-Fog-Alteration of course -Collision between steamship Nailsea Manor and motor vessel Dolabella in Atlantic Ocean in dense fog-Vessels in same convoy-Convoy ordered to alter course to port-Porting by Nailsea Manor (leading vessel in fourth column)-Porting by Dolabella (second vessel in third column) delayed until it was seen from the fog buoy of the vessel ahead that she was making her turn-Colliding vessels sighted by each other very close to, with Nailsea Manor on starboard quarter of Dolabella- Collision then unavoidable.

PLATT v. ALFRED HOLT & CO.

(1943) 77 Ll L Rep 296

Negligence-Safe system of working-Loading of timber-Single sling method-Personal injuries sustained by plaintiff dock labourer working in hold of defendants' ship-Claim for common law damages- Slings of timber (for stowage of cargo) being lowered into hold-Fall of pieces from sling-Evidence that sling was hoisted from quay side and lowered on to deck until it could be received in hold; that while on deck a number of scantlings were removed by a fellow workman, thereby loosening the bundle; and that the pieces of timber fell out when the sling was raised from the deck and lowered into the hold-Whether single sling method employed was safe-Recognised usage of port (Liverpool).

THE "COULMORE."

(1943) 77 Ll L Rep 301

Collision - Convoy - Look-out - Lights - Collision between steamships Avon Coast and Coulmore in North Sea-Avon Coast commodore vessel in south-bound convoy; Coulmore making her way across course of Avon Coast's convoy to join north-bound convoy-Vessels sighted by each other at distance of about two cables-Loom of Avon Coast sighted by Coulmore on port bow; red of Coulmore sighted by Avon Coast on starboard bow-Dispute as to when Coulmore switched on her navigation lights.

SUTCH v. BURNS.

(1943) 77 Ll L Rep 317

Motor insurance-Practice-Appeal- Hypothetical case-Policy covering lorry belonging to C. Ltd.-Lorry driven by W. -Delivery of rolls of paper to premises of M. Ltd.-W. requested by foreman of M. Ltd. to load up with other rolls of paper and take them to premises of M. Ltd. on other side of road, S. and others (employees of M. Ltd.) riding on lorry-S. thrown off and killed-Action brought by widow against C. Ltd. and W. -Judgment entered against W.-Action against C. Ltd. dismissed on ground that W. in allowing S. and others to ride on lorry was acting outside the scope of his employment - Judgment against W. unsatisfied-Present action brought by widow under policy-"Permitted" driver not specifically covered-Whether requirements of Part II of Road Traffic Act, 1930, fully satisfied-Concession by underwriters that, if necessary, policy should be treated as if issued in full compliance with Act- Judgment entered for plaintiff-Appeal.

THE "KYLEMOUNT."

(1943) 77 Ll L Rep 320

Collision-Convoy-Vessel leaving convoy- Look-out - Lights - Collision between steamships Sherwood and Kylemount in North Sea-Vessels in same south-bound convoy, Sherwood being at rear of starboard column-Kylemount originally in port column-Allegation that she slowed down and took up her position at rear of starboard column in order to make her turn to Middlesbrough at the recognised point - Starboarding by Kylemount - Whistle faulty-Incapable of giving distinct signal-Kylemount sighted by Sherwood crossing her course at distance of about three cables-Dispute as to lights shown by Kylemount-Admission by Kylemount that she was three-quarters to blame.

RATCLIFF v. NEWMAN & CLARK, LTD., AND OTHERS.

(1943) 77 Ll L Rep 327

Sale of goods-Quality-Purchase of cattle cake (in bags) by plaintiff-Cake found to contain castor seed, causing death of number of plaintiff's cattle - Agreed damages-Liability admitted by defendant sellers-Claim by defendants to be indemnified by third parties, who also admitted liability-Claim by third parties against fourth parties, who in turn brought in fifth parties, fifth parties bringing in sixth parties (original shippers from Bombay)-Dispute whether castor seed found its way into cattle cake before shipment or during discharge-Ship loaded with both cattle cake and castor seed (also in bags)-Castor seed discharged at intermediate port between Bombay and London (where cattle cake was discharged)- Evidence as to discharge of such cargo- Sweepings and "loose collected" - Burden of proof-Balance of probabilities.

WALWYK v. WILLIAM HURLOCK (JUNR.), LTD.

(1943) 77 Ll L Rep 331

Negligence-Safe system of working-Personal injuries sustained by plaintiff while in defendants' employ at their riverside works-Launching of punt after repair by defendants-Punt carried on trolley running on rails-Trolley connected to cable of winch-Cable slackened by use of hand levers to enable trolley to move down slipway-Motor vehicle provided to push trolley if it failed to move of its own accord upon the cable being slackened -Trolley set in motion by motor vehicle without plaintiff's knowledge, causing handle of winch to rotate at high speed and striking plaintiff on head-Claim brought by plaintiff against defendants, alleging failure in their common law duty to provide safe system of working -Plaintiff without previous experience of launching-Man supervising operations also without adequate experience-Duty to give warning to plaintiff of method to be employed and to instruct him in the steps necessary to be taken in such circumstances -Common employment-Contributory negligence.

LYONS v. J. W. BENTLEY, LTD.

(1943) 77 Ll L Rep 335

Insurance brokers-Negligence in negotiating policy for assured-Alleged failure to communicate to underwriters facts disclosed by assured-Claim by assured against brokers - Householder's comprehensive insurance effected by defendant broker on plaintiff's behalf-Burglary-Claim under policy-Liability repudiated by underwriters on ground of non-disclosure of material facts: (a) that assured was an alien: (b) that the assured and his wife (who conducted the business affairs of her husband) had perviously made a number of unsuccessful insurance claims upon other insurers-Whether such facts were disclosed to defendant broker by assured.

LOVELL v. BLUNDELLS & T. A. CROMPTON & CO., LTD.

(1943) 77 Ll L Rep 340

Negligence-Proper plant and appliances- Personal injuries sustained by plaintiff boilermaker engaged in repair work on board ship in wet dock-Plaintiff standing on plank put in position by himself- Collapse of plank, plaintiff falling to floor -Cause of accident not established- Claim against employers, alleging failure to provide proper plant and appliances- Duty of employer-Contributory negligence -Volenti non fit injuria-Further allegation by plaintiff that defendants were in breach of their duty under the Shipbuilding Regulations: (a) to have available sound and substantial material for staging; (b) to provide a safe means of access-Applicability of Shipbuilding Regulations to ship in wet dock - "Factory"-Shipbuilding Regulations, 1931, Regulations 1, 11-Factories Act, 1937, Sects, 26, 60, 106, 151, 159.

FENLON v. REA, LTD.

(1943) 77 Ll L Rep 349

Negligence-Fatal accident to employee (director) of stevedoring company (R. & Son) engaged in unloading steamship at Liverpool Docks-Fall of frozen meat carcasses from crane sling through striking ship's boat during lift-Alleged negligence of craneman employed by R. Ltd. (defendants)-Claim by personal representatives of deceased man-Slings loaded by employees of R. & Son-Hatchman signaller also in employ of R. & Son- Alleged transfer of craneman's services by defendants to R. & Son-Whether defendants retained effective control- Evidence as to manner of discharge- Damages.

THE "DANDOLO."

(1943) 77 Ll L Rep 354

Salvage-Services rendered by steam trawler Bellerophon to steam trawler Dandolo off Old Head of Kinsale-Propeller of Dandolo fouled by trawl-Anchor dropped -Involuntary drag towards rocky shore -Wind of gale force-Request for assistance answered by Bellerophon-Short towage to harbour-Further assistance in berthing-Risk of stranding.

THE "CLAPHAM."

(1943) 77 Ll L Rep 357

Collision - Convoy - Overtaking - Look-out -Collision between steamships Tordenskjold and Clapham in same south-bound convoy - Clapham following steamship Corfleet which was overtaking Tordenskjold -Tordenskjold sighted by Clapham about 500 ft. away on the port bow- Hard-a-porting by Clapham followed subsequently by full astern action-No whistle signals sounded-Clapham first sighted by Tordenskjold about two points on starboard quarter and overtaking- Torch flashed at Clapham-Engines of Tordenskjold put full ahead-Impact between stem of Clapham and starboard quarter of Tordenskjold-Whether Tordenskjold starboarded.

THE "SERINGA."

(1943) 77 Ll L Rep 361

Practice - Costs - Collision - Damages - Interest - Reference - Motion in objection to Assistant Registrar's report- Collision between steamship Seringa and motor vessel Kronprinsessan Margareta in Belfast Lough-Kronprinsessan Margareta at anchor-Liability admitted by Seringa-Award of damages to owners of Kronprinsessan Margareta-Interest awarded from date of repair bill (The Hebe, (1847) 5 Notes of Cases 176)-Contention by owners of Kronprinsessan Margareta (claimants) that learned Assistant Registrar had failed to take into account the fact that they had paid far larger items or were out of pocket in respect thereof on dates substantially earlier than the date of the repair bill-Ambiguity of document No. 68 concerning detention claim-Misunderstanding by Assistant Registrar of its meaning-Matter remitted to Assistant Registrar, owners of Kronprinsessan Margareta to be at liberty to call further evidence as to the meaning of document No. 68-Offer by claimants' solicitors to accept certain sum for interest-Offer refused-Further report granting interest upon whole claim from a mean date (being an amount calculated to equal the interest on the three main items from the precise dates and in fact greater than the claimants' offer)- Application to Court for purpose of determining liability for costs in respect of (1) the original motion in objection; (2) the further report; (3) the present application.

JAMES CLARK (BRUSH MATERIALS), LTD. v. CARTERS (MERCHANTS), LTD.

(1943) 77 Ll L Rep 364

Arbitration-Award-Motion to set aside- Error of law appearing on face of award -Sale of piassava c.i.f. U.K.-Shipment (Bahia) by first available steamer before date of expiry of sellers' import licence- Incorporation of terms and conditions of Contract No. 1 of the London General Produce Brokers' Association-Failure by sellers to implement contract-Claim by buyers-Arbitration-Finding by umpire that "freight space was not obtainable within the period defined within this contract" and award "that the contract be forthwith dissolved without penalty or allowance to either party"-Duty of Court to take award at its face value- Facts supporting award not set out- Presumption of Court.

COLLETT v. NATIONAL FUR COMPANY, LTD.

(1943) 77 Ll L Rep 367

Negligence-Bailee-Loss of plaintiff's fur coat from defendant company's store-Coat, bought by plaintiff from defendants, returned for purposes of minor alteration -Plaintiff a valued customer-No charge made-Relationship between parties- Degree of care to be shown by defendants -Onus of proof-No evidence of "breaking in"-Safeguards taken by defendants and their staff-Liability of company for negligence of staff.

J. RAYMOND WILSON & CO., LTD. v. NORMAN SCRATCHARD, LTD.

(1943) 77 Ll L Rep 373

Sale of goods-Passing of property-Purchase of bales of cotton goods by plaintiffs from defendants-Bought notes containing words: "Free port less 334 per cent."- Sold notes providing: "Less 334 per cent. cash goods carriage paid to port"- Delivery port nominated by plaintiffs- Price paid to secure discount-Bales delivered by defendants to railway company for transit to nominated port-Non-delivery -Claim by plaintiffs for return of sum paid-Alleged failure of consideration -Whether property had passed-Effect and meaning of "goods carriage paid to port"-Sale of Goods Act, 1893, Sect. 18, r. 5, Sect. 20.

HODGSON v. MINISTER OF WAR TRANSPORT.

(1943) 77 Ll L Rep 375

Ship - Requisition - Compensation - Requisition of claimant's barge by Ministry of War Transport-Claimant entitled to "a sum equal to the amount which might reasonably be expected to be payable by a person for the use of the vessel . . . during the period of the requisition, under a charter or contract of hiring whereby he undertook to bear the cost of insuring, maintaining and running the vessel"- Evidence (1) of rate of hire previously paid by R.A.F.; (2) of current part rate for demurrage-Compensation (Defence) Act, 1939, Sect. 4.

HUGH MACK & CO., LTD. v. BURNS & LAIRD LINES, LTD.

(1943) 77 Ll L Rep 377

Carriage of Goods by Sea Act, 1924-Coastwise shipping-Loss of goods in transit-Goods received by shipowners for dispatch-Consignment notes and forms of receipts filled up by shippers and handed to shipowners -Stamped by shipowners with rubber stamp containing following words: "Received and carried subject to conditions specified in [shipowners'] sailing bills. Non-negotiable" - "Conditions specified" indorsed on consignment notes and forms of receipt-Receipts handed back to shippers, consignment notes being retained by shipowners - Goods undelivered-Claim by shippers against shipowners-Decree in favour of shippers -Case stated-Reliance by shipowners on conditions of carriage (admittedly exempting them from liability for loss)- "Carrier"-"Contract of carriage"- "Special conditions" - Validity - Whether contrary to public policy-"Bill of lading, or similar document of title" -Obligation of carrier, on demand of shipper, to issue bill of lading in certain form - Sects. 1, 3, 4, Schedule, Arts. I, III (3), V, VI, VII. Carriage of Goods by Sea Act, 1924-Schedule, Art. III (3)-Object of rule.

PANKOS OPERATING COMPANY, S.A. v. THE "NORSKTANK" (EX JANKO").

(1943) 77 Ll L Rep 386

International law-Ship-Possession- Attachment of motor vessel Norsktank (ex Janko) in U.S. port of Panamanian company alleging ownership-Motion brought by Kingdom of Norway claiming immunity from judicial process and seeking to vacate attachment on ground that vessel had been in their continuous possession for over two years, having been placed at the disposal of the Norwegian Government by the Kingdom of the Netherlands, following seizure in Prize in the Dutch West Indies-Vessel employed by the Norwegian Government in transportation of oil in Allied cause-De facto possession of vessel by Norwegian Government admitted by U.S. State Department- Whether right to immunity required proof of both ownership and possession.

THE "NUTFIELD."

(1943) 77 Ll L Rep 391

Collision-River-Look-out-Vessel backing up river in water reserved for down-going vessels - Collision between steamships Dalewood and Nutfield in Long Reach, River Thames-Dalewood bound down on south side; Nutfield, also on south side, backing up river preparatory to making her way to berth on south side-Porting by Dalewood to pass Nutfield about 70 to 80 ft. to northward-North side of river obstructed by sailing barges driving up river-Effect of Nutfield's astern action- Cant of stern to northward-Hard-a-porting; by Dalewood-Attempt by Nutfield to avoid collision by full ahead action-Impact between starboard side of Dalewood and port quarter of Nutfield- Failure of Dalewood to signal her port helm action - Collision Regulations, Art. 28.

OWNERS OF CARGO IN MOTOR VESSEL "GREYSTOKE CASTLE" v. OWNERS OF STEAMSHIP "CHELDALE."

(1943) 77 Ll L Rep 395

Collision-Damages-Both to blame-General average contribution by cargo in carrying ship-Right of recovery from other ship- Collision between steamship Cheldale and motor vessel Greystoke Castle-General average expenses incurred by Greystoke Castle-Contribution made by owners of cargo on board-Apportionment of collision liability: Greystoke Castle, three-quarters; Cheldale, one-quarter-Limitation decree obtained by Greystoke Castle -Cross-settlement of claims between shipowners, owners of Greystoke Castle receiving credit for items in respect of which they had also received contribution from cargo-owners-No refund made to cargo-owners by owners of Greystoke Castle-Claim for damages brought by cargo-owners against owners of Cheldale- Reference to Registrar-Items claimed; (1) damage to cargo; (2) general average contribution made to owners of Greystoke Castle-Report awarding damages under both heads-Motion in objection by owners of Cheldale in respect of recovery of general average contribution-Double payment-The Marpessa, [1891] P. 403- The Minnetonka, [1905] P. 206-The Sucarseco, 51 Ll.L.Rep. 238.

THE "CHALLENGE."

(1943) 77 Ll L Rep 405

Collision-Anchored vessels-Collision in dense fog in Long Reach, River Thames, between steamship Nordost and tug Challenge-Both vessels originally bound up river-Allegation by each side that their vessel had already come to anchor on account of the fog and that she was run into by the other vessel in the course of coming to anchor-Impact between stem of Challenge and starboard quarter of Nordost-Claim brought by Nordost- Diametrically opposite stories-Evidence from contemporary documents.

AUSTIN v. ZURICH GENERAL ACCIDENT & LIABILITY INSURANCE COMPANY, LTD.

(1943) 77 Ll L Rep 409

Motor insurance-Extension clause-Double insurance - Rateable proportion - Non-disclosure -Breach of conditions of policy -Accident involving fatal injuries to A. and injuries to N. (both passengers) in A.'s car driven by plaintiff with A.'s consent-A. insured by "Zurich," plaintiff insured by "Bell" both policies containing extension clause - Actions brought against plaintiff by N. and by executrices of A.-Settlement-Payments made (without prejudice and denying liability) by "Bell" in accordance with settlement terms-Present action brought by "Bell" (suing in plaintiff's name) against "Zurich" claiming full or part indemnity under policy issued to A.- Subrogation rights of "Bell"-Effect of double insurance-Whether imposing proportionate liability on each insurance company - Right of plaintiff to sue "Zurich"-"Persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons"-Alleged non-disclosure of material facts by A. and incorrect answers to questions in proposal form-"The truth of the statements and answers in the said proposal shall be conditions precedent to any liability of the company to make any payment under this policy" -Defective vision-Physical infirmity- Chronic alcoholism-Previous demands for increased premiums-Accident record of previous three years - Condition of "Zurich" policy requiring insured to give notice of any impending prosecution- Informations preferred against plaintiff, charging him with dangerous and careless driving-Failure by plaintiff to give notice to "Zurich"-Road Traffic Act, 1930, Sect. 36 (4).

YORKE v. BRITISH & CONTINENTAL STEAMSHIP COMPANY, LTD.

(1943) 77 Ll L Rep 418

Docks Regulations, 1934-Breach of statutory duty-Contributory negligence-Personal injuries sustained by third officer of defendants' steamship while making his rounds for examination of cargo-Fall down unlighted and unfenced hold-Ship lying in Gibraltar Harbour-Alleged duty upon defendants to light and fence- Applicability of regulations outside United Kingdom territorial waters- Regulations 12, 37.

SMITH AND OTHERS v. COKER AND THE MERSEY PORTS STEVEDORING COMPANY, LTD.

(1943) 77 Ll L Rep 422

Cargo - Damage - Claim against master porters-Discharge of cargo (cotton in bales and carbon black) from ship in dock at Birkenhead-Cotton stained by carbon black-Claim by cargo-owners against first and second defendants-Allegation that either or both defendants failed in their duty as master porters to take adequate precautions to protect the cotton cargo- Dispute between defendants as to which of them was the master porter conducting the reception of the cargo, its storage and redelivery to the consignees-Cargo badly stowed in ship-Damage incurred by cargo before discharge-Evidence of method of discharge and storage, and of precautions which were taken-Second defendants also acting as stevedores.

LINK AND OTHERS v. GENERAL INSURANCE COMPANY OF AMERICA. [THE "EASTERN PRINCE."]

(1943) 77 Ll L Rep 431

Insurance-Marine or war-Warlike operations -Collision between motor vessel Eastern Prince and U.S. Navy tanker Roustabout - Roustabout, officered and manned by naval officers and crew, proceeding from one war base to another, with oil for armed forces-Claim by owners of Eastern Prince against war risk insurers-Principles to be applied-"Cause nearest to the loss"-English Court decisions.

DUNCAN v. CAMMELL LAIRD & CO., LTD., AND OTHERS. CRAVEN v. SAME. [THE "THETIS."]

(1943) 77 Ll L Rep 435

Negligence - Shipbuilders - King's ship - Trials-Sinking of submarine Thetis with crew during diving trials in Liverpool Bay -Civilian and naval personnel on board- Failure of rescue operations-Submarine salved later-Consolidated claims by personal representatives-Thetis, built by C. L., not yet accepted by Admiralty- "All trials, including completion trials, and gun trials, and the navigation of the vessel and the working of the machinery during passage to and from the place of trial, and on all other occasions required by the specification and by these conditions, shall be conducted at the risk and at the expense of the contractors"-W. D. B. under sub-contract with C. L. to carry out certain painting work to vessel (including torpedo tubes) such work "to be to the entire satisfaction and approval of the Admiralty overseer"-Cause of loss-Failure of submarine to submerge according to plan-Rear door of No. 5 torpedo tube opened by W. (officer in charge of tube compartment) and H. (experienced naval rating) in belief that tube was empty-Submarine flooded by sea water through No. 5 tube (bow cap being open to sea)-Precautions taken by W. and H. before opening rear door- Negative results obtained from test cock- Evidence that hole in test cock was ineffective because it was completely blocked by paint negligently applied by workman of W. D. B.-Painting work passed by employee of C. L. as fit for inspection by Admiralty overseer-No inspection by Admiralty overseer-Allegations of negligence against W. and H.; against W. D. B., against C. L.; and against B. (naval officer in charge of submarine) -Whether W. and H. took all reasonable steps to ascertain real condition of affairs inside No. 5 tube-Provision of reamer to clear possible obstruction in hole in test cock-Reamer not used by W. or H.-Liability of W. D. B.-Duty towards third persons in carrying out painting work-Rear door normally harmless but rendered dangerous by negligent work- "Proximity"-Duty of C. L. towards persons on board-Invitors-Vessel in their control and occupation up to date of commencement of trials-Opportunity to detect and remedy defect-Alleged failure by C. L. to see that submarine was equipped with quantities of soda lime- Whether C. L. and B. guilty of negligence leading to failure of rescue operations.

MARINE INSURANCE COMPANY, LTD. v. GRIMMER.

(1943) 77 Ll L Rep 461

Insurance - Reinsurance - Slip - "Cavelier s.s. and/or steamers"-Open cover including war risks provided by plaintiff insurance company in respect of all sugar shipments by Jamaican company-Plaintiffs notified of intended shipment under policy (vessel not being named)-Brokers instructed by plaintiffs to arrange special reinsurance cover-Slip placed by brokers before defendant underwriters in respect of "sugar and/or interest as original" in "Cavelier and conveyances as original" -Brokers, after inquiry by plaintiffs and before full reinsurance cover effected, instructed to alter slip to read "Cavelier s.s. and/or steamers held covered"-Slip re-initialled by defendants - Effect of alteration - Plaintiffs' honest (though erroneous) belief that sugar would be shipped in Cavelier-Nominated sugar in fact shipped in steamer Western Head- Western Head sunk before brokers instructed to reinsure-Right of recovery under reinsurance policy-Whether, as the defendants contended, it was a condition precedent to the risk attaching that the sugar was intended to be shipped in the Cavelier, or whether, as the plaintiffs contended, it was sufficient that they (the plaintiffs) had reasonable grounds for their belief that it would be shipped in the Cavelier-Amount of recovery-Other sugar shipped in Cavelier-"Rate to be arranged"-Whether defendants entitled to adjustment of premium-Date for fixing rate-Date of sailing or date on which slip underwritten.

THE "LLANOVER."

(1943) 77 Ll L Rep 468

Collision-Anchored vessels-Fog-Look-out- Collision between steamships Presto and Llanover in North Sea-Ships in convoy- Convoy under orders to anchor-Presto already at anchor, sounding her bell; Llanover manoeuvring to anchor-Other vessels at anchor in vicinity-Impact between counter and rudder of Llanover (which had stern way) and starboard side of Presto-Presto sunk-Presto admittedly not to blame-Allegations of negligence against Llanover: (1) failing to anchor earlier than she did; (2) bad look-out; (3) going astern at improper time; (4) allowing her stern to swing to port at an improper time; (5) paying out an extra two shackles of chain shortly before collision.

THE "FRAMLINGTON COURT."

(1943) 77 Ll L Rep 478

Salvage-Services rendered by tugs George V., Hendon, Wearmouth and Gt. Emperor and by River Tyne pilot to steamship Framlington Court-Framlington Court damaged by collision off entrance to River Tyne-Engine-room and stokehold flooded and rudder jammed-Ship put ashore on Herd Sands (where she was patched and pumped out by other salvors) and later towed to berth in River Tyne-Difficult towage-Dangerous condition of ship-No serious danger to tugs-Services also rendered by tug Amsterdam (her claim being settled for £1750)-Other claims settled for £3500-Salved values: £85,000 -Awards: George V., £2500; Hendon, £2000; Wearmouth, £1750; Gt. Emperor, £800; pilot, £300.

THE "AFTERGLOW."

(1943) 77 Ll L Rep 483

Collision - Ship meeting convoy - Collision between steamships Lynn Trader and Afterglow in North Sea-Lynn Trader (with dimmed side lights) northward bound; Afterglow (her side lights being covered with canvas screens) in starboard column of south-bound convoy-Starboarding followed by hard-a-starboarding by Lynn Trader, whistle signal being sounded; porting by Afterglow, no whistle signal being sounded owing (it was alleged) to parting of lanyard-Dispute as to place of collision and as to position of ships when they first took action to avoid each other- Lights-Speeds.

THE "DIMITRIOS CHANDRIS."

(1943) 77 Ll L Rep 489

Collision - Convoy - Fog - Whistle signals- "Vessel having way"-Collision between steamships Empire Bunting and Dimitrios Chandris in Atlantic Ocean-Ships in same single column convoy, Dimitrios Chandris originally being astern of Empire Bunting-Empire Bunting lying stopped -Dimitrios Chandris, sounding a series of short blasts, heard on port beam-Engines of Empire Bunting put full ahead when it was realised that the Dimitrios Chandris was approaching-Impact between stem of Dimitrios Chandris and port side of Empire Bunting - Evidence from Dimitrios Chandris that, after being damaged by collision with an iceberg, and lying stopped, she sounded both a distress signal of five short blasts and a signal of two long blasts; but that, unknown to the master, the engineer had worked the engines from time to time to maintain a vacuum-Headings at time of collision- Whether Empire Bunting to blame for putting her engines ahead before sighting the Dimitrios Chandris and for not sounding one long blast immediately she gathered headway.

N. G. NICOLAOU AND OTHERS v. MINISTER OF WAR TRANSPORT. SAME v. THE ADMIRALTY (CONSOLIDATED).

(1943) 77 Ll L Rep 495

Ship-Requisition-Emergency legislation- Claimants' ship under charter to agency of French Government-Full cargo loaded at American ports for delivery at French port - Capitulation of France during voyage - Ship directed to proceed to Belfast-Arrival off Belfast on June 19, 1940-Ordered by Naval Control Officer on June 26 to proceed to Manchester- Claimants notified on June 27 that cargo would be requisitioned - Arrival at Manchester on June 28-Discharge completed on July 10-Claim by shipowners for compensation "in respect of the requisition of the vessel"-"'Requisition' means, in relation to any property, take possession of the property or require the property to be placed at the disposal of the requisitioning authority" - Whether action of the authorities amounted to requisition of ship for one or other of periods ending July 10-Decision of Shipping Claims Tribunal that claimants had failed to establish that there was any requisition-Case state-Matters taken into consideration by Tribunal- Purpose of requisition, of cargo-Impossibility of delivery to proper consignee- Necessity for speedy discharge to free British ports-Defence (General) Regulations, 1939-Compensation (Defence) Act, 1939, Sects. 4, 6 (3), 17.

HOLLAND v. JOHN POOLE & SONS, LTD.

(1943) 77 Ll L Rep 503

Master and servant-Termination of employment - Notice - Plaintiff engaged by defendant company in 1923 as junior insurance broker, subsequently attaining position as manager of defendants' non-marine department-No formal appointment -Plaintiff paid salary plus half commission on own business introduced - Appointment to board of directors in 1934, plaintiff receiving shares in defendant company in lieu of commission on own business-Plaintiff paid director's fees and share of profits to addition to salary as non-marine manager-Growing friction between plaintiff and rest of board, resulting in calling of extraordinary general meeting in 1942 reducing directorate-Plaintiff not re-elected to board - Effect - Further meeting and discussions between parties as to compensation and disposal of shares-Inferences to be drawn from correspondence-Contention by defendants that upon appointment to the board in 1934 any appointment then held merged in directorship and therefore effect of meeting reducing directorate determined completely his position in the company save as shareholder; alternatively, that his employment with the defendants was wholly determined by agreement between the parties at a subsequent meeting; and that, in any event, notice of termination was to be inferred from the subsequent correspondence and discussions-Claim by plaintiff for declaration that his employment as non-marine manager had not been terminated and was still subsisting.

THE "HALLANGER."

(1943) 77 Ll L Rep 510

Collision - Convoy - Alteration of course - Collision in daylight between steamship Shuna and motor vessel Hallanger in North Sea-Hallanger at head of port column; Shuna, acting as commodore ship, at head of column to starboard of Hallanger-Convoy ordered by Shuna to alter 53 deg. to port-Port helm action taken by both Shuna and Hallanger- Impact between starboard side of Hallanger and port side of Shuna - Action tried without witnesses-Evidence given before examiner after considerable lapse of time - Contemporaneous records - Criticism of Shuna's scrap log.

THE "TRESCO."

(1943) 77 Ll L Rep 514

Salvage-Services rendered by steam trawler Eudocia to steam trawler Tresco in Irish Sea-Rudder of Tresco broken-Signals for assistance hoisted-Request by Tresco for towage to Fleetwood - Tresco towed 100 miles to Fleetwood, services occupying about 33 hours - Little other assistance available-Tresco without wireless-Loss of fishing Eudocia-Damage to gear- Tresco in substantial danger when picked up - Skill needed in towage - Salved values: £5500-Award: £1000.

COLIN & SHIELDS v. MINISTRY OF SUPPLY.

(1943) 77 Ll L Rep 517

Sale of goods-Loss of weight in excess of franchise - Sale of hides c. & f. - Price based on "Shipping weights, 10 per cent. franchise" - Landing weights showing loss of weight exceeding 10 per cent.- Claim by buyers - Provision in contract that "When landing weights are material the goods must be weighed at buyers' expense. Official weight notes to be supplied by buyers within one month of arrival of vessel"-Contract "subject to the Rules and Regulations of the International Hide Booklet," which provided: "Weights. When hides are sold on shipping weights with a franchise, any loss of weight exceeding such franchise shall be reimbursed by the sellers on condition that the weighing at discharge is effected in accordance with the terms of the contract as and when the goods become available from the boat"-Weight notes in buyers' hands in time to be passed on to sellers within one month of arrival of vessel- Weight notes not passed on to sellers until after period of one month had passed -Arbitration - Case stated - Question for Court: Whether delivery of weight notes within one month of arrival of vessel was condition precedent to buyers' right to claim reimbursement.

GREAT WESTERN RAILWAY COMPANY v. PORT TALBOT DRY DOCK COMPANY, LTD.

(1943) 77 Ll L Rep 520

Repairs to ship - Negligence - Capsizing of plaintiffs' dredger - Defendants under contract to repair dredger - Vessel to be repaired in dry dock (in possession of defendants under lease from plaintiffs)- Dry dock occupied when dredger available for repair-Temporarily berthed outside- Whether vessel had passed into defendants' custody and control - Specification requiring (inter alia) opening up of pumps; also removal of gear from storeroom on port side-Covers of pumps taken off by defendants-Gear on port side removed -Incursion of water into engine-room through discharge valves-Slight list to starboard-Leak discovered by plaintiffs' night watchman at about 7 30 p.m. on Sept. 24, 1941, and reported by him to defendants' dry dock watchman - Measures taken by defendants - Inspection made by plaintiffs' watchmen during night - Considerable amount of water found in dredger at about 6 30 a.m. next morning, vessel capsizing and sinking about an hour afterwards, before steps could be taken to pump out - Probable cause of influx of water-Alleged contributory negligence of plaintiffs' night watchmen -Right of recovery under Clause 15 of repair contract providing that "The [defendants] shall be responsible for . . . all losses and expenses whatsoever in respect of . . . loss of or damage to property howsoever caused arising out of or in any way attributable to the execution of the works."

COURT LINE, LTD. v. THE KING.

(1943) 77 Ll L Rep 529

Charter-party-Hire-Suppliants' ship under charter to British Government under T.99 A-Ship torpedoed in Atlantic Ocean while in convoy on July 18, 1942-Abandonment by master and crew-Master's opinion that ship would not survive long tow-Steps taken to salve ship by naval officers in charge of convoy-Ship taken in tow by tugs-Sudden foundering on Aug. 1 after towage for 500 miles - Petition of right claiming hire from July 18 until sinking-"If the ship be lost, hire shall be paid up to and inclusive of the day of loss, or, if missing, up to and inclusive of the day last spoken. Should the vessel become a constructive total loss such loss shall be deemed to have occurred and the hire under this contract shall cease as from the day of the casualty resulting in such loss"-Contentions by Crown: that ship became constructive total loss on July 18; that the damage suffered by the ship coupled with the fact of abandonment by the master and crew, who were paid off, amounted to frustration of the charter-party; and that as the suppliants had received payment from their insurers on the basis of a total loss on July 18, they had therefore divested themselves of ownership on that date- Marine Insurance Act, 1906, Sects. 57, 60 (1), (2).

O'FLAHERTY v. SHAW SAVILL & ALBION COMPANY, LTD., AND REA, LTD.

(1943) 77 Ll L Rep 537

Docks Regulations, 1934-Breach of statutory duty - Applicability of Regulations - Lighting - Hatches - Fatal occident to rigger employed by M.I. Co.-.M.I. Co. engaged to do certain work on board first defendants' ship after discharge of cargo -Cargo discharged by second defendants, who were also engaged to coal the ship- Deceased man sent down by his own foreman to collect tools in tunnel pocket- Tunnel pocket unlighted and uncovered- Fall-Claim brought by administratrix against defendants for breach of common law duty and for breach of various regulations - Liability under regulations - Evidence that second defendants had completed discharging and had handed back that part of the ship to the control of the first defendants; and that the accident occurred before coaling commenced -Carrying on the "processes"- Meaning of "efficiently lighted" - "Hatch" - Contributory negligence - Joinder of parties - Reasonableness - Regulations 12, 37.

HANDLEY v. CUNARD WHITE STAR, LTD.

(1943) 77 Ll L Rep 543

Negligence - Safe system of working - Discharge of cargo-Personal injuries sustained by plaintiff dock labourer - Plaintiff engaged in unloading cargo of pig-iron from defendants' ship - Use of wire nets-Fall of piece of pig-iron from net-Contributory negligence-Whether small pieces loaded into net by workmen in common employment with plaintiff.

PANKOS OPERATING COMPANY, S.A. v. THE "NORSKTANK" (EX "JANKO").

(1943) 77 Ll L Rep 546

International law-Ship-Possession- Attachment of motor vessel Norsktank (ex Janko) in U.S. port by Panamanian company (libellants) alleging ownership- Motion brought by Kingdom of Norway claiming immunity from judicial process and seeking to vacate attachment on ground that vessel had been in their continuous possession for over two years, having been placed at the disposal of the Norwegian Government by the Kingdom of the Netherlands, following seizure in Prize in the Dutch West Indies-Vessel employed by the Norwegian Government in transportation of oil in Allied cause- De facto possession of vessel by Norwegian Government admitted by U.S. State Department - Whether right to immunity required proof of both ownership and possession.

Lloyd's Law Reports