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THE "ROBERT J. PAISLEY."

(1930) 36 Ll.L.Rep. 1

Collision between steamships Saskatchewan and Robert J. Paisley in Owen Sound, Ontario-Contract by tugowners to tow Robert J. Paisley (without engine power) to position in harbour- Robert J. Paisley, in charge of P, adrift from tug after snapping of tow rope-Damage to Saskatchewan and to her cargo through contact with Robert J. Paisley's anchor-Anchor carried in improper position-Joint negligence of P and tugmaster -

THE "JOSEPH BUTTON."

(1930) 36 Ll.L.Rep. 5

Collision between auxiliary schooner Matilda and steam trawler Joseph Button in Milford Haven-Lights to be exhibited by auxiliary sailing vessel- Position under Collision Regulations-

THE "SCOTTISH AMERICAN."

(1930) 36 Ll.L.Rep. 9

Salvage-Services rendered off Uruguay by steamship Queensland Transport to steamship Scottish American after she had been on fire-Standing by for five hours; supply of food, stores, compass, &c.; assistance in navigation-Useful service without risks to ship or crew- £1230 awarded on salved values of £91,511.

THE "ALICE."

(1930) 36 Ll.L.Rep. 12

Collision between steamship Lucigen (in tow of tugs Eagle and Falcon) and steamship Alice in Cardiff channel- Lucigen damaged; Eagle sunk-Alice on wrong side of channel-Onus of proving that collision was unavoidable -Alice found alone to blame.

LLOYD DEL PACIFICO v. BOARD OF TRADE.

(1930) 36 Ll.L.Rep. 16

Costs-Sale of ship by Shipping Controller to Italian shipowners-Alleged breach of warranty-Umpire's finding in favour of purchasers, vendors to pay part of purchasers' costs-Case stated -Award set aside and judgment entered in favour of vendors-Purchasers' appeal dismissed-Effect of judgments upon arbitration costs - Award remitted to umpire.

HOLTS MOTORS, LTD. v. SOUTH-EAST LANCASHIRE INSURANCE COMPANY, LTD.

(1930) 36 Ll.L.Rep. 17

Insurance (motor-car)-Action for declaration that certain policies were valid and binding contracts of insurance- Defences (1) that answers in proposal form were untrue; (2) that there was non-disclosure - Car bought on hire purchase system-Joint insurance by owners and hirers-Risk refused by B insurance company; accepted by L insurance company- Expiry-Insurance with defendants- "Has any company or underwriter declined to insure . . . any of your vehicles?"-

IN RE CITY EQUITABLE FIRE INSURANCE COMPANY, LTD.

(1930) 36 Ll.L.Rep. 22

Insurance-Reinsurance-Treaty by A and B companies-Compulsory liquidation of A company-Claim by B company- Proof of B company rejected by liquidator-Alleged compromise-

THE "OTRANTO."

(1930) 36 Ll.L.Rep. 25

Collision between steamships K M and O off Humber Light-vessel - Vessels crossing at right-angles, with the K M the give-way vessel-Interpretation of rule requiring O to keep course and speed; to take action "as will best aid to avert collision" where collision unavoidable by K M alone-Starboarding, with signal, by O, followed by porting by K M -

THE "ORCHIS."

(1930) 36 Ll.L.Rep. 44

Negligence-Damage to steamship-Alleged bad berth-Evidence of old damage- 50 years' good reputation of berth -

ANTHONY O'BOYLE v. LONG ISLAND RAILROAD COMPANY. (THE "QUOGUE.")

(1930) 36 Ll.L.Rep. 53

Collision between moored coal boat Lake Huron and car float (in tow of tug Quogue) during dense fog in New York Harbour - Voyage undertaken by tug when visibility was not much more than 50 ft. - Intention to hug shore - Tug forced off shore by another vessel - Bearings lost -

PYMAN, BELL & CO., LTD. v. OHLSON STEAMSHIP COMPANY.

(1930) 36 Ll.L.Rep. 57

Bill of lading - Freight - Dispute as to quantity of deck cargo - Freight payable at agreed rate per intaken piled fathom of 216 cubic feet-Bills of lading stating quantity but also claused "measure unknown" - "The intaken quantity piled measure to be certified by a Swedish official measurer whose certificate shall be supplies to the captain by the shippers. For this certificate the captain shall pay the shippers" so much per English cubic fathom - Unreliability of certificates supplied - Evidence of deck space available and of stowage of deck cargo -Scaled fathoms and piled fathoms compared-Inference to be drawn from draught of same vessel carrying similar cargo on previous voyages-

DIXON v. "AYRESOME" (OWNERS).

(1930) 36 Ll.L.Rep. 62

Workmen's compensation-Claim by dependant of deceased coal trimmer-Trimmer fatally injured in jumping from ship's bulwarks to handrail on quay, a distance of 2 ft. - Finding of County Court Judge that, there being a sloping ladder by which employees might leave the vessel, the accident arose outside the scope of the employment -

EASTER v. MARVIN.

(1930) 36 Ll.L.Rep. 67

Negligence-Damage to yacht-Alleged improper berthing-Whether berth defective - Onus of proof -

G. P. WILSON & SON, LTD. v. GOUGH'S GENERAL DISTRIBUTING COMPANY, LTD.

(1930) 36 Ll.L.Rep. 74

Contract-Repairs to ship's boiler-Claim in respect of work and labour- Whether excessive - Counterclaim for loss of profits, defendants alleging that repairers were dilatory - Original tender by plaintiffs covering agreed work - Subsequent discoveries that further repairs were necessary-

ANGLO-AMERICAN OIL COMPANY v. MANCHESTER SHIP CANAL COMPANY.

(1930) 36 Ll.L.Rep. 76

Canals-Wharfage charges (Manchester Ship Canal)-Alleged undue preference - Purchase by applicants of sites near canal bank-Erection of works facilitating loading and discharging of oil-Whether a private wharf, exempting applicants from wharfage rates-

THE "GUECHO."

(1930) 36 Ll.L.Rep. 83

Salvage - Services rendered by tugs Standard Rose, Torfrida, Nora, Undaunted and Herculaneum to disabled steamship Guecho in Bristol Channel during extraordinarily heavy weather - Meritorious service by Standard Rose without any effective result - Substantial salvage services rendered by Torfrida and Herculaneum -"Glorified towage" by other tugs -Salved value of Guecho £25,000 - Awards: Torfrida, £1300; Standard Rose, £70; Nora, £90; Undaunted, £30-Herculaneum award settled.

NEAR EAST RELIEF v. KING, CHASSEUR & CO., LTD.

(1930) 36 Ll.L.Rep. 91

Insurance brokers - Policy-Lien-Insurance effected on plaintiffs' goods by defendants as agents for M insurance agency-Loss-Right of defendants to general lien on policy in respect of amounts due to defendants from M agency - Whether defendants had knowledge that M agency were instructing as agents for an undisclosed principal -Marine Insurance Act, 1906, Sect. 53 (2)-

DRUMS, LTD. v. TYNE-TEES STEAM SHIPPING COMPANY, LTD.

(1930) 36 Ll.L.Rep. 96

Charter-party-Unseaworthiness or perils of the sea-Damage to cargo (steel sheets) by sea water-Disappearance of bolt (fixing stanchion to coaming) during voyage-Acknowledged point of weakness in structure-Evidence that bolt was inserted as a temporary measure to replace rivet and that even rivets had worked loose and had broken in six months-

FANOUS v. SHIPTON, ANDERSON & CO., LTD.

(1930) 36 Ll.L.Rep. 99

Brokers-Commission-Sale of wheat by Egyptian Government to Arcos, Ltd., negotiated by defendants as brokers for Egyptian Government-Introduction to Arcos by plaintiff-Commission paid to plaintiff-Allegation by plaintiff that oral agreement was made between plaintiff and defendants that plaintiff should be entitled to commission on further sales to Arcos-Onus of proof-Alleged breach of contract by defendants in negotiating with Arcos on their own behalf-Eight years' lapse of time between alleged agreement and trial of action-

THE "LLANISHEN."

(1930) 36 Ll.L.Rep. 103

Salvage - Services rendered by tugs Undaunted and The Rose to steamship Llanishen in Cardiff entrance channel in fine weather-Buoy fouled by steamship's propeller - No immediate danger-Plenty of assistance available-Salved values £82,287-£300 awarded.

STURLEY AND OTHERS v. POWELL.

(1930) 36 Ll.L.Rep. 105

BOND v. COMMERCIAL UNION ASSURANCE COMPANY, LTD.

(1930) 36 Ll.L.Rep. 107

ARCOS, LTD., AND THE RUSSO-NORWEGIAN ONEGA WOOD COMPANY v. ARONSON.

(1930) 36 Ll.L.Rep. 108

Contract-Sale of goods-Offer and acceptance -Whether contract completed- Inference to be drawn from correspondence between parties-Price-

AFRICAN & EASTERN (MALAYA), LTD. v. WHITE, PALMER & CO., LTD.

(1930) 36 Ll.L.Rep. 113

THE "OTTO FISCHER."

(1930) 36 Ll.L.Rep. 117

THE "WOODCOCK."

(1930) 36 Ll.L.Rep. 121

Collision between sailing barge Honduras (at anchor) and steamship Woodcock, in Lower Pool, River Thames, during dense fog-Disputed position of Honduras -Duty of Woodcock, under way in dense fog, to take every possible precaution - Damage to Woodcock - Whether due to collision-Damage observed shortly afterwards-

THE "EULER."

(1930) 36 Ll.L.Rep. 124

Collision between steamships Hatimura and Euler in Galleons Reach, River Thames - Hatimura turned down stream after leaving King George V Dock-Euler proceeding up-Disputed position of Hatimura at sighting and at collision-Narrow channel-

THE "GOLETA."

(1930) 36 Ll.L.Rep. 128

Salvage-Services rendered by tugs Standard Rose and Margaret Ham to steamship Goleta in Bristol Channel during very heavy weather - Goleta (with engines disabled and without rudder, in course of being towed to repair port) adrift from tug-Useful and necessary service-Five hours' towage by Standard Rose to Cardiff Roads, Margaret Ham fast astern to assist steering - Value of Goleta £29,000 - Awards: Standard Rose, £850; Margaret Ham, £350.

BENNETT v. "KNOCKFIERNA" (OWNERS).

(1930) 36 Ll.L.Rep. 131

Workmen's Compensation-Jurisdiction of County Court-Accident to seaman on vessel (registered in Irish Free State) while in Canadian waters-Contract of employment entered into in Hull- Arbitration claim by seaman in Hull -Motion by shipowners alleging County Court's want of jurisdiction- Alleged waiver by shipowners-No convention with Irish Free State-

VENICE STEAM NAVIGATION COMPANY, LTD. v. ISPAHANI.

(1930) 36 Ll.L.Rep. 135

Contract-Rescission-Agreement by appellant to ship cargo by respondents' steamship-Action brought by respondents for breach - Breach admitted - Allegation by appellant that contract had been rescinded by mutual consent -Consideration - Inference to be drawn from surrounding circumstances -

THE "CRISTINA."

(1930) 36 Ll.L.Rep. 140

Collision between steamships Seaforth and Cristina in Bristol Channel during dense fog - Whistle signals for fog being sounded by Cristina in accordance with regulations-Failure by Seaforth to sound fog signals - Helm action by Seaforth for Cristina "forward of her beam"-Improper navigation of Seaforth - Seaforth found alone to blame.

AMBLER v. GRAVES-TAGG.

(1930) 36 Ll.L.Rep. 145

Contract-Sale of yacht-Offer and acceptance -Terms of contract-Insurance of yacht by seller-Yacht lost on voyage from Bridlington to Whitstable - Right to insurance moneys-

PRENTICE & CO. v. WOOD.

(1930) 36 Ll.L.Rep. 151

Charter-party-Unseaworthiness-(a) Damage to barley on voyage from Berwick-on-Tweed to Islay during heavy weather-Evidence of repairs that were necessary before sailing and of trouble on voyage -

THE "ASHBY."

(1930) 36 Ll.L.Rep. 155

Collision between steamships Ballena and Ashby in Cristobal Harbour in broad daylight-Ballena backing out astern from pier at right-angles to channel; Ashby proceeding up channel-Duty of each vessel to take care-Dispute as to place of collision-

TEMPUS SHIPPING COMPANY, LTD. v. LOUIS DREYFUS & CO.

(1930) 36 Ll.L.Rep. 159

General average-Claim against cargo-owners for contribution towards ship's expenditure occasioned by spontaneous combustion of bunkers-Best bunker coal -

FIUMANA SOCIETA DI NAVIGAZIONE v. BUNGE & CO., LTD.

(1930) 36 Ll.L.Rep. 171

General average-Claim against cargo-owners for contribution towards ship's expenditure occasioned by spontaneous combustion of bunkers-Best Westphalian coal-Heating prior to outbreaks of fire-Latent defects in appurtenances-York-Antwerp Rules, 1924, Rule D-

DALGETY & CO., LTD. v. THOMAS, GATER, BRADFIELD & CO., LTD.

(1930) 36 Ll.L.Rep. 178

Sale of goods (c.i.f.)-Refusal by buyers to take up documents-Discrepancy between bill of lading dates in notice of appropriation and in provisional invoice-London Corn Trade Association Contract, No. 14-Appropriation clause-"If vessel is named in contract no appropriation shall be deemed to be necessary"-Shipment to be made by the steamship L or the steamship C D-Necessity for notice of appropriation - Arbitration - Award - Finding by arbitrators and by appeal committee that notice of appropriation was necessary and that in view of the discrepancy the buyers were entitled to reject the documents - Finding upheld.

IN RE OVERSEAS MARINE INSURANCE COMPANY, LTD.

(1930) 36 Ll.L.Rep. 183

Insurance - Reinsurance - P.P.I. - Reinsurers in liquidation-Liquidator's rejection of insurers' proof in respect of a contingent liability-Meaning of "contingent liability"-Marine Insurance Act, 1906, Sect. 4 (2) (b)-

THE "SENATORE D'ALI."

(1930) 36 Ll.L.Rep. 185

Collision between steamships Ledbury and Senatore d'Ali off the coast of Portugal during foggy weather-Disputed courses and signals-

THE "PHAROS."

(1930) 36 Ll.L.Rep. 189

Salvage-Services rendered by steamship Marchioness of Bute to disabled tug Pharos off the coast of Portugal-23 miles towage to Lisbon, occupying 11 hours-Short and comparatively small service-Risk to towing vessel if hawser parts-Disabled vessel in track of shipping-Evidence that, danger not being acute, other vessels had declined to assist-"Awards must not be on such a basis that all other ships would be encouraged to proceed on their voyages rather than render assistance to a vessel wanting to be towed"-£1070 (including £70 for loss of gear and port charges) awarded on salved value of £27,000.

THE "KRONBORG."

(1930) 36 Ll.L.Rep. 192

Collision between motor vessel Balboa and steamship Kronborg off Dungeness during foggy weather-50 per cent admission of liability by Balboa- Collision Regulations, Art. 16-Balboa found to blame for excessive speed; failure to stop; and alteration of course-Kronborg found to blame for excessive speed; failure to stop; acceleration of speed at critical time- Apportionment: Balboa, three-fifths; Kronborg, two-fifths-Special order as to costs refused.

SHEAF STEAMSHIP COMPANY, LTD. v. COMPANIA TRASMEDITERRANEA.

(1930) 36 Ll.L.Rep. 197

Collision - Scotland - Jurisdiction of Sheriff Courts-Forum non conveniens -Action brought by English shipowners in Sheriff Court of Dumbarton -Appeal-Arrestment ad fundandam jurisdictionem-Defenders' pleas (1) that Sheriff Court had no jurisdiction; (2) forum non conveniens-Construction of Sheriff Court Acts, 1907 and 1913-

POWER v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.; SAVAGE v. SAME.

(1930) 36 Ll.L.Rep. 205

Master and servant-Claims by shipmaster and chief officer for damages for wrongful dismissal - Summary dismissal by shipowners-Vessel's hold flooded-Cargo damaged-Master notified by second officer that vessel was 2 ft. down by the head-Failure of master immediately to inquire as to the cause-Evidence that master's delay did not affect the quantum of damage- Breach of regulations by first officer in failing to take each day a certain number of soundings of the wells-Construction of contract of service-Oral agreement-Issue from time to time of shipowners' circulars relating to pensions and leave pay-

IN RE HENRY LEETHAM & SONS, LTD. (APPLICATION OF THE WILSTON STEAMSHIP COMPANY, LTD.).

(1930) 36 Ll.L.Rep. 222

Bill of lading-Damage to cargo-Unseaworthiness or perils of the sea-Claim by shipowners for balance of freight- Liquidation of receivers - Shipowners' proof rejected on account of cross-claim by receivers for cargo damage - Accord and satisfaction - Arbitration clause restricting time to claim-

KOLBIN & SONS AND OTHERS v. KINNEAR & CO., LTD., AND OTHERS (THE "ALTAI"); SAME v. UNITED SHIPPING COMPANY, LTD. (THE "EDUARD WOERMANN").

(1930) 36 Ll.L.Rep. 225

(1) Conversion-Damages-Claim against ship's agents by owners and shippers (pre-Soviet Russian partnership) in respect of goods delivered to A without production of bills of lading-Consignment "unto order of War Office for account of (pursuers) or to his or their assigns"-Delivery of goods to A (as pursuers' agent) for transfer to War Office-Price paid by War Office to A and retained by him-Bankruptcy of A-pursuers' title to sue-International law-Effect of Soviet decrees -Whether Soviet Government should have been joined as pursuers-Registration of partnerships-Whether pursuers deprived of status-Extraterritorial effect of decrees-Plea of mora- Interest. (2) Conversion-Damages-Claim against ship's agents by owners of goods (pre-Soviet Russian partnership)-Goods dispatched by the defenders from Archangel to England admittedly in pursuers' interests-Goods disposed of to A (as pursuers' agent)-Defenders as negotiorum gestores-Goods sold by A and the price retained by him - Bankruptcy of A - Pursuers' title to sue - International law - Effect of Soviet decrees - Whether Soviet Government should have been joined as pursuers-Registration of partnerships -Whether pursuers deprived of status - Extraterritorial effect of decrees - Plea of mora - Interest.

THE "FABIA" AND THE "IKANOPIT."

(1930) 36 Ll.L.Rep. 257

Collision between tug Fabia and sailing barge Invicta in Limehouse Reach, River Thames-Invicta at anchor- Fabia overtaking motor tug Ikanopit -Sudden starboarding by Ikanopit across Fabia's course-Collision due to action taken by Fabia to avoid running down Ikanopit-Ikanopit found alone to blame.

THE "NORDLAND."

(1930) 36 Ll.L.Rep. 260

Negligence-Damage to vessel during loading -Claim against stevedores-Slipping of steel rods from sling of vessel's winch-Whether due to insecure fastening in sling by stevedores or to negligence of winchman (shipowners' servant)-

THE "HEKTOR."

(1930) 36 Ll.L.Rep. 264

Salvage-Services rendered by steam trawler Teresa to steamship Hektor, stranded near Denia-Wether the trawler was an effective unit in helping to refloat Hektor-Damage to hawser and engines-Depreciation in value of fish cargo-Deposit paid by owners of Hektor to release vessel-Wether sufficient -Practice-Trial upon documents, &c.-Necessity for production of all documents-

W. NAUMANN v. EDWARD NATHAN & CO., LTD.

(1930) 36 Ll.L.Rep. 268

Arbitration-Award-Motion to set aside -Sale of goods (cassia oil)-Dispute as to quality-Alleged misconduct of arbitrator in conduct of arbitration- "Any dispute arising from this contract to be settled by arbitration in London in the usual way as soon as it may arise"-Meaning of "in the usual way"-

CHARTER SHIPPING COMPANY, LTD. v. BOWRING, JONES & TIDY, LTD.

(1930) 36 Ll.L.Rep. 272

General average-Claim against cargo-owners for contribution-Counterclaim for return of deposit-Grounding of vessel and subsequent refloating-York-Antwerp Rules, 1890, Rule VII- Damage to machinery, boilers, &c., "in endeavouring to refloat" - Alleged unseawortthiness-

LLOYD DEL PACIFICO v. BOARD OF TRADE.

(1930) 36 Ll.L.Rep. 276

Arbitration-Costs-Sale of ship by Shipping Controller to Italian shipowners -Alleged breach of warranty - Umpire's finding in favour of purchasers, vendors to pay purchasers' costs-Case stated-Award set aside and judgment entered in favour of vendors-Purchasers' appeal dismissed -Refusal by umpire to vary his order as to costs of hearing before him and of award-Extension of time for moving to set aside umpire's decision.

IN RE CITY EQUITABLE FIRE INSURANCE COMPANY, LTD.

(1930) 36 Ll.L.Rep. 277

Insurance-Reinsurance-Treaties between A and B companies-Provisions for issue of policies-Compulsory liquidation of A company-Claim by B company -B company's proof rejected by liquidator-Alleged compromise-

THE "HIGHLANDER."

(1930) 36 Ll.L.Rep. 283

Collision between steamships Elsa Koppen and Highlander in Newcastle Reach, River Tyne - Elsa Koppen proceeding down; Highlander turning in river- Duty of vessel turning to have regard to vessels navigating up and down - Whether Highlander gave turning signal in time and whether she acted at a safe distance -

THE "CLARISSA RADCLIFFE" (No. 1).

(1930) 36 Ll.L.Rep. 287

Salvage-Services rendered by tugs Spread Eagle and New Stormcock to steamship Clarissa Radcliffe in Gravesend Reach, River Thames - Clarissa Radcliffe without anchors but under control- Vessel taken charge of by tugs and moored to buoy-Strong wind, with squalls-

THE "LILBURN."

(1930) 36 Ll.L.Rep. 292

Navigation, Negligent - Sinking of plaintiff's motor launch T.Y. in Hudson Dock North, Sunderland - Launch moored to another vessel at quay - First defendants' steamship Lilburn entering dock-Collision between Lilburn and second defendants' raft of timber, causing impact between raft and T.Y., sinking T.Y. - Whether Lilburn and raft were jointly negligent -

THE "NEWBY HALL."

(1930) 36 Ll.L.Rep. 296

Salvage-Services rendered by tug Portwey to steamship Newby Hall off Durlstone Point, English Channel - Port boiler disabled-Eleven miles towage to Portland - Simple but efficient service - £600 awarded on salved values of £61,000.

THE "CLARISSA RADCLIFFE" (No. 2).

(1930) 36 Ll.L.Rep. 298

Collision between steamships Frida and Clarissa Radcliffe in the Downs-Frida at anchor - Clarissa Radcliffe endeavouring to anchor - Partial disablement - Plea of "inevitable accident" -

THE "AFIENA."

(1930) 36 Ll.L.Rep. 301

Salvage-Services rendered by motor boat Thanet Queen to motor vessel Afiena off Margate-Afiena in sinking condition - Salvage pump obtained by Thanet Queen - Temporary beachings and subsequent towage into Margate Harbour (assisted by another vessel)- Vessel saved from almost certain total loss-£450 awarded on salved values of £2200.

THE "STEINSTAD."

(1930) 36 Ll.L.Rep. 304

Collision between steamships Colonial and Steinstad in Cardenas Bay - Both vessels originally at anchor-Dragging during squall-Disputes as to relative positions and as to which vessel dragged - Evidence of action taken by Steinstad immediately before collision -

THE "BATAVIER V."

(1930) 36 Ll.L.Rep. 306

Navigation, Negligent - Damage to plaintiffs' tank barge Leopard due to wash of defendants' steamship Batavier V - Whether Batavier V was proceeding at excessive speed-

THE "CISS."

(1930) 36 Ll.L.Rep. 308

Practice - Limitation proceedings - Approval of typewritten pleadings.

C. T. BOWRING & CO., LTD., AND ANOTHER v. AMSTERDAM LONDON INSURANCE CO., LTD.

(1930) 36 Ll.L.Rep. 309

Insurance (marine) - Claim - Damage to parcels of ground nut kernels - "To pay average and/or damage from sweating and/or heating when resulted from external cause if amounting to 3 per cent. on each bag or on the whole"-Considerable "heating" and "sweat" damage found on delivery- Whether due to inherent vice-Evidence of surveys before shipment and after delivery; of the abnormally wet season in which the nuts were shipped - Whether damage due to proximity of other cargo-Scientific evidence - Inference to be drawn from character of damage -

Lloyd's Law Reports