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MAYERS v. LAURENTIAN MARINE COMPANY, LTD.

[1955] 1 Lloyd's Rep 1

Master and servant-Unnecessary risk to employee -Ship's carpenter injured while securing deck cargo in storm-Alleged bad stowage- Liability of shipowners-Causa proxima- Heavy weather.

GEMMEL v. PORT OF LONDON AUTHORITY (AND CROSS-APPEAL).

[1955] 1 Lloyd's Rep 5

Master and servant-Unnecessary risk to employee -Safe premises-Low beam-Injury to fitter - Obvious danger - Duty of employers - Contributory negligence.

ALVION STEAMSHIP CORPORATION PANAMA v. GALBAN LOBO TRADING COMPANY, S.A. OF HAVANA.

[1955] 1 Lloyd's Rep 9

Charter-party - Demurrage - Calculation of lay days-"Weather-working days" - Calendar day or normal working period-Custom of port.

THE "ARNOLD BRATT."

[1955] 1 Lloyd's Rep 16

Collision-Narrow channel-Starboard-hand rule -Fog-Speeds-Collision Regulations, 1910, Art. 25.

ALLEN AND OTHERS v. JOHN.

[1955] 1 Lloyd's Rep 27

Road Traffic Act, 1930-Third-party risks-Goods vehicle-Policy issued to holders of "C" licence-Lorry let on hire-Indorsement on policy-Benefits extended to cover "third-party legal liability of [hirers] and also holders of relative 'C' Hiring Licences"- Sub-hire-Use by sub-hirers-Whether offence committed by hirers-Construction of indorsement -Whether compliance with requirements of Part II of Act.

FAIRES v. R. & H. GREEN AND SILLEY WEIR, LTD.

[1955] 1 Lloyd's Rep 30

Negligence-Obstruction on deck of ship under repair in dock-Injury to ship's painter- Responsibility for presence of obstruction- Whether negligence to be presumed - Liability of ship-repairers.

STACEY v. ELLERMAN'S WILSON LINE, LTD.

[1955] 1 Lloyd's Rep 36

Negligence-Protection of eyes-Ship's fireman engaged in scaling of ship's side with chipping hammer-Injury to eye-Duty upon shipowners to provide goggles - Whether goggles available.

BRIGGS v. SHAW SAVILL & ALBION COMPANY, LTD.

[1955] 1 Lloyd's Rep 39

Negligence-Fellow-employee-Loading of ship- Broken stowage (rolls of linoleum) in 'tween decks - Injury to dock labourer - Confined space-Customary method of loading-Joint operation - Alleged negligence of fellow-employee.

RAVERA v. ELLERMAN & PAPAYANNI LINES, LTD.

[1955] 1 Lloyd's Rep 45

Negligence-Safe premises-Old ship-Steering engine compartment-Deck slippery with oil- Provision of sacks-Injury to ship's carpenter when he slipped on sack-Liability of shipowners -Foreseeable danger.

THE "EMPIRE JAMAICA."

[1955] 1 Lloyd's Rep 50

Limitation of liability-Collision-Fault or privity of owners-Ship having more than one mate- Statutory obligation that first and second mates should be certificated-Second mate in charge of navigation uncertificated-Negligent navigation-Whether owners precluded from claiming limitation - Hongkong Merchant Shipping (Amendment) Ordinance, No. 2 of 1949.

WHITEHORN v. PORT OF LONDON AUTHORITY.

[1955] 1 Lloyd's Rep 54

Negligence-Unusual danger-Invitees' duty to other invitees-Unloading of ship in dock by port authority's employees-Removal of hatch covers, causing obstruction on deck- Tally clerk (employed by cargo superintendents) tripped by loop of rope-Liability of port authority-Contributory negligence.

HOOK v. SOCIETE ANONYME JOHN COCKERILL.

[1955] 1 Lloyd's Rep 63

Negligence-System of working-Loading of containers into railway trucks-Dock labourer fixing tarpaulin over top of container-Fall while hurriedly descending from top-Alleged inadequacy of warning that trucks would be moved-Unusual danger.

CARLESS v. PORT OF LONDON AUTHORITY.

[1955] 1 Lloyd's Rep 70

Negligence-Safe premise-Loading of bananas from conveyor belt on quay into motor lorry- Dock labourer's fall - Disputed cause - Whether due to banana on quay-Liability of employers-Docks Regulations, 1934, Regulation 1.

SMITH v. PORT LINE, LTD.

[1955] 1 Lloyd's Rep 73

Docks Regulations, 1934-Loading of barge- Signaller - Use of mobile crane without signaller-Lighterman struck by bale of cargo swung inboard-Applicability of Regulation 43 -Whether crane driver had "a clear and unrestricted view"-Area of vision-Contributory negligence.

BAKER v. BUTLER'S WHARF, LTD.

[1955] 1 Lloyd's Rep 82

Negligence - Safe premises - Tea warehouse - Injury to workman handling chests-Alleged fall due to slip on loose tea on floor-Liability of employers-Dispute as to cause of injury.

WILLIAMS v. NEWTON STEAMSHIP COMPANY, LTD.

[1955] 1 Lloyd's Rep 88

DAVEY v. H. W. HOWES & SONS.

[1955] 1 Lloyd's Rep 95

Negligence-Unloading of ship in dock-Shipworker struck by chain sling suspended from crane-Whether crane driver negligent- Liability of employers-Contributory negligence. Practice-Appeals-Appeal from Judge alone- No question of credibility-Principles on which Court of Appeal acts-Evaluation of evidence.

THE "ALENQUER" (COLLISION ACTION). THE "RENE" (SALVAGE CLAIM).

[1955] 1 Lloyd's Rep 101

Collision - Salvage operations - Seamanship - Vessel drifting with engines broken down in high wind off Portuguese coast-Services by request-Collision during unsuccessful attempt by salvors to take vessel in tow-Whether vessel drifted on to salving vessel or was run into owing to astern action taken by salving vessel-Voluntary acceptance of risk- Policy of leniency towards salvors-Liability of salvors for collision damage. Salvage - Negligence of salvors - Request for assistance - Collision during unsuccessful attempt to establish towage connection- Resultant damage to each vessel-"Engaged services" not affecting ultimate preservation -Trivial services-Forfeiture of right to reward-Liability of salvors for collision damage-Policy of leniency towards salvors. Practice-Summons for directions-Presence of particular witness not provided for-Costs of calling witness refused.

KELLY v. PORT OF LONDON AUTHORITY.

[1955] 1 Lloyd's Rep 117

Damages-Assessment-Personal injuries claim.

KELMAN AND ANOTHER v. LIVANOS.

[1955] 1 Lloyd's Rep 120

Sale of ship-Deferred repairs-Bottom damage not affecting maintenance of class-Indorsement on classification certificate-Sale on "Priam Terms" - Construction - Whether cost of bottom repairs for vendors' or purchaser's account-Ship to be delivered "free from average"-Meaning.

DAVIE v. PORT OF LONDON AUTHORITY.

[1955] 1 Lloyd's Rep 135

Negligence-Safe premises-Slippery floor-Dock labourer employed by defendants in their cold store-Fall on patch of ice-Statutory duty that floors should be properly maintained- Common law duty-"Transient and exceptional condition"-Contributory negligence- Foreseeable danger-Factories Act, 1937, Sects. 25 (1), 152 (1).

J. O. LUND, LTD. v. ANGLO OVERSEAS TRANSPORT COMPANY, LTD.

[1955] 1 Lloyd's Rep 142

Forwarding agents - Lien - Agents acting for English buyers and Italian sellers-Series of transactions-Running account-Goods passed on by agents to buyers by mistake-Retention of goods by buyers-Payment made by agents on demand by Italian sellers-Agents' right to indemnity from buyers-Implied contract -Consideration-Standard Trading Conditions of the Institute of Shipping and Forwarding Agents.

WARREN v. THOMAS SWIFT & CO., LTD.

[1955] 1 Lloyd's Rep 150

Negligence-System of working-Loading of vessel -Method of loading-Spreading of load in sling upon being lowered-Injury to dock labourer - Alleged duty of stevedores (employers) to lash separate pieces- Abnormal load-Contributory negligence.

JANES v. VAUXHALL MOTORS, LTD.

[1955] 1 Lloyd's Rep 152

Master and servant-System of working-Foreseeable danger-Motor car factory-Injury to coach finisher's finger-Allegedly due to paint nodule-Whether employers took reasonable precautions-Unappreciable risk-Unforeseeable possibility.

M. W. HARDY & CO., INC. v. A. V. POUND & CO., LTD.

[1955] 1 Lloyd's Rep 155

Sale of goods (f.a.s.) - Performance - Export licence - Frustration - Sale of turpentine f.a.s. buyers' steamship at Portuguese port- Sellers aware of destination-Export without licence prohibited-Refusal by Portuguese authorities to grant licence for particular destination-Sellers unable to ship-Whether risk of failure to obtain licence upon buyers or sellers-Contract silent-Conflict of laws- Illegality.

HINDUSTAN STEAM SHIPPING COMPANY, LTD. v. SIEMENS BROTHERS & CO., LTD.

[1955] 1 Lloyd's Rep 167

Negligence - Unknown danger - Liability of manufacturer to user-Ship's engine-room telegraph system-Orders to engine-room incorrectly interpreted-Damage to ship- Claim against manufacturers - Defective design-Foreseeability of danger-Opportunity for intermediate examination-Principle in Donoghue v. Stevenson, [1932] A.C. 632.

ARTER v. PORT OF LONDON AUTHORITY.

[1955] 1 Lloyd's Rep 179

Negligence-System of working-Injury to dock labourer-Fall from unstable stack of logs- Duty to provide chocks.

BUSHELL v. HARLAND & WOLFF, LTD.

[1955] 1 Lloyd's Rep 181

Negligence - Means of access - Repairs to lock gate resting on blocks in dry dock- Ship's driller required to climb down from lock gate to staging alongside-Fall-Ladder not provided-Evidence of common practice- Liability of employers.

SMALLEY v. PORT OF LONDON AUTHORITY.

[1955] 1 Lloyd's Rep 185

Docks Regulations, 1934-Means of access-Ship's companionway - Alleged defective condition -Gap between companionway and quayside - Dock labourer's fall while descending companionway - Duty of employers - Regulations 9, 50.

GRIFFITHS v. R. & H. GREEN AND SILLEY WEIR, LTD.

[1955] 1 Lloyd's Rep 190

Negligence-System of working-Safe plant and appliances - Tube expanders - Injury to boilermaker's eye on his striking mandrel with hammer-Practice known to employers - Condition of appliances - Liability of employers.

BARKER v. THOMAS ORFORD & SON.

[1955] 1 Lloyd's Rep 196

Negligence-Loading of ship-Use of married gear -Swinging of container held suspended in hatch - Stevedore's hand crushed against coamings - Negligence of winchmen - Contributory negligence.

HURLEY v. J. SANDERS & CO., LTD., AND C. & H. CRICHTON, LTD.

[1955] 1 Lloyd's Rep 199

WEST v. NATIONAL MOTOR AND ACCIDENT INSURANCE UNION, LTD.

[1955] 1 Lloyd's Rep 207

Burglary insurance - Misrepresentation - Under insurance-Partial loss in excess of total cover - Claim up to limits of policy - Repudiation of claim by insurers on ground of misrepresentation and/or non-disclosure as to value-Whether insurers so entitled.

HAYWARD v. PORT OF LONDON AUTHORITY.

[1955] 1 Lloyd's Rep 211

Docks Regulations, 1934-Docks-Dock worker drowned-Provision for rescue from drowning -"Means at or near the surface of the water at reasonable intervals"-Provision of ladders recessed in quay walls at intervals of 300 ft.-Usual practice of dockowners- Lighting-"All places . . . shall be efficiently lighted"-Extent of area to which duty applied-Regulations 1, 2, 3.

THE "MARINERO."

[1955] 1 Lloyd's Rep 230

Admiralty practice - Stay of proceedings - Lis alibi pendens - Collision in River Plats between British ship C.C. and Argentine ship M.-A., sister ship of M., arrested in Holland by owners of C.C. to institute proceedings in Dutch Courts-A. released upon security being given-Subsequent arrest of M. in English port-Security also provided in respect of M.-Motion to set aside writ and stay further proceedings brought in England-Whether such proceedings vexatious and oppressive-Effect of arrest of sister ship-Extinguishment of maritime lien.

THE "EDISON MARINER."

[1955] 1 Lloyd's Rep 235

Collision-Narrow channel-Starboard-hand rule -Ship navigating in her wrong water- Increasing risk of collision-Duty to take off way-Collision Regulations, 1910, Art. 25.

DENHAM v. MIDLAND EMPLOYERS' MUTUAL ASSURANCE, LTD.

[1955] 1 Lloyd's Rep 245

Master and servant-Contract of service-Transfer of service-Divided responsibility-Death of workman lent by regular employers to contractors carrying out work under contract with employers - Contractors covered by separate policies covering (a) third-party liability, and (b) employers' liability - Respective liability of insurers.

HARVEY v. NEW ZEALAND SHIPPING COMPANY, LTD.

[1955] 1 Lloyd's Rep 251

Negligence - Protection of skin - Occupational dermatitis contracted by cement-washer - Unknown risk-Duty of employers.

E. REYNOLDS & SONS (CHINGFORD), LTD. v. HENDRY BROTHERS (LONDON), LTD.; R.S. & E. (SURBITON), LTD. (THIRD PARTIES).

[1955] 1 Lloyd's Rep 258

Sale of goods-Unpaid sellers-Admitted liability of buyers - Alleged breach by sellers of express term as to quality of other goods sold to buyers - Settlement of claims brought against buyers by sub-buyers-Buyers' right to set-off or counterclaim.

BURGESS v. UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD.

[1955] 1 Lloyd's Rep 262

Negligence-Safe plant-Locker for stowage of tarpaulins-Heavy lid propped open by baulk of timber-Boatswain's mate's fingers trapped when lid fell-Whether safe design-Liability of employers.

SHAW SAVILL & ALBION COMPANY, LTD. v. ELECTRIC REDUCTION SALES COMPANY, LTD., ELECTRIC REDUCTION COMPANY OF CANADA, LTD., AND IMPERIAL CHEMICAL INDUSTRIES OF AUSTRALIA AND NEW ZEALAND, LTD. (THE "MAHIA.")

[1955] 1 Lloyd's Rep 264

Carriage of goods by sea-Dangerous goods-Fire and explosion during discharge of drums of sodium chlorate - Damage to ship, etc. - Claim by shipowners against shippers - Dangerous propensity known to shipowners- Lack of care in discharging - Whether instructions given by shippers to stow drums "on deck at shipper's risk"-Condition of drums - Canadian Regulations respecting carriage of such goods-Canadian Water-Carriage of Goods Act, 1936, Arts. III (2), IV (6).

NEWBY v. GENERAL LIGHTERAGE COMPANY, LTD.

[1955] 1 Lloyd's Rep 273

Negligence-Barge adrift unattended in river- Collision with racing eight-Injury to crew- Res ipsa loquitur-Onus of proof-Barge, moored alongside public towpath, cast adrift by unknown person-Foreseeable danger- River in flood-Duty of barge-owners to take special precautions-Novus actus interveniens.

PRACTICE NOTE.

[1955] 1 Lloyd's Rep 279

Collision-River-Approaching sharp bend in river-Excessive speed-Seamanship-Look-out -Further collision between tugs assisting vessel in collision-Whether consequence of major collision-Port of London River By-laws, 1938, Rule 42(a). Summons for directions-Collision action-Expert evidence-Liberty to each side "to call one surveyor on terms that statement of proposed evidence be exchanged 14 days before trial."

LEO. RAPP, LTD. v. McCLURE.

[1955] 1 Lloyd's Rep 292

Insurance-Lloyd's Burglary Theft and Fire Policy (Commercial Form)-Construction- Stocks of metal covered "whilst in warehouse" -Loaded lorry in transit parked in open space in locked enclosed compound- Lorry and contents stolen-Whether loss within policy-Meaning of "warehouse."

COPAS v. PORT OF LONDON AUTHORITY.

[1955] 1 Lloyd's Rep 295

Negligence-System of working-Unloading of bulk sugar-Use of grab-Collapse of mound in ship's hold-Injury to dock labourer- Liability of employers-Method of discharge.

R. SIMON & CO., LTD. v. PEDER P. HEDEGAARD A/S.

[1955] 1 Lloyd's Rep 299

Sale of goods (c.i.f.)-Shipment out of time- Rejection of documents by buyers - Extension of Shipment Clause (entitling sellers on terms to ship out of time) attached to contract by gummed slip-Clause not normally applicable to particular type of contract-Right of sellers to rely on terms of clause-London Corn Trade Association Contract, No. 54A.

ETABLISSEMENTS CHAINBAUX S.A.R.L. v. HARBORMASTER, LTD.

[1955] 1 Lloyd's Rep 303

Sale of goods-Payment-Condition precedent- Waiver-Letter of credit to be opened "within a few weeks" - Time of the essence-Acquiescence by sellers in delay in opening letter of credit-Subsequent justified-Term that letter of credit to be opened within a certain time not reimposed by sellers-Buyers unable to fulfil condition precedent as to payment within reasonable time-Meaning of "reasonable time."

ADLER & DICKSON AND ANOTHER.

[1955] 1 Lloyd's Rep 315

Negligence - Mooring of vessel - Foreseeable danger-Sudden squall moving vessel from quay - Collapse of gangway - Injury to passenger-Personal liability of master- Merchant Shipping Act, Sect. 113.

CARVIN v. A. E. SMITH COGGINS, LTD.

[1955] 1 Lloyd's Rep 339

Negligence-System of working-Operation of system-Stowage of crates slung into hold of vessel-Toppling of crate on to holdsman -Alleged fault of hatchman-Liability of employers.

SMITH v. PORT LINE, LTD.

[1955] 1 Lloyd's Rep 343

Docks Regulations, 1934-Loading of barge- Signaller-Use of mobile crane without signaller-Lighterman struck by bale of cargo swung inboard - Applicability of Regulation 43-Whether crane driver had "a clear and unrestricted view"-Area of vision-Contributory negligence.

COMPANIA NAVIERA MAROPAN S/A v. BOWATER'S LLOYD PULP AND PAPER MILLS, LTD.

[1955] 1 Lloyd's Rep 349

Charter-party-Loading berth-Safe port-Voyage charter - "Approved loading places as ordered"-Arrival of ship at place nominated by charterers-Apprehension of danger by master-Decision to leave-Reasonableness- Grounding damage sustained in leaving- Liability of charterers-Effect of nomination of loading place-Action of master-Volenti non fit injuria-Novus actus interveniens.

THE "VELOX."

[1955] 1 Lloyd's Rep 376

Collision-Dragging collision-Ships at anchor- Look-out-Duty of care in face of exceptional weather conditions-Information contained in North Sea Pilot-Inevitable accident- Onus of proof.

THE "LILLOIS."

[1955] 1 Lloyd's Rep 383

Collision - River - Fog - Turning in river - Crossing river-Starboard-hand rule-Speeds - Signals - Seamanship - Motor barge manoeuvring on her wrong side of river - Motor vessel approaching at speed - Respective duties - Port of London River By-laws, 1938, Rules 30, 38, 39. Practice - Costs - Collision action - Order for directions-Number of witnesses limited- Both ships found to blame-No order as to costs-Additional witness called by defendants in view of attitude adopted by plaintiffs-Application by defendants for special order-Reasonableness.

DOWNEY v. UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD.

[1955] 1 Lloyd's Rep 393

Negligence-Safe premises-Ship's lifeboat-Seaman's fall while cleaning paintwork-Alleged unsecured rope-Nature of fall disputed.

MATTHEWS v. GLEN LINE, LTD.

[1955] 1 Lloyd's Rep 396

Negligence-Stowage of general cargo in ship's hold-Cargo watcher's fall when stepping on cases-Whether cargo insecurely stowed- Allegation that case tilted when it was stepped upon-Liability of employers.

PRINCE v. CARRIER ENGINEERING COMPANY, LTD., AND VAUXHALL MOTORS, LTD.

[1955] 1 Lloyd's Rep 401

Negligence-Safe premises-Obstruction on floor -Injury to workman-Duty of employers- Liability of occupiers-Means of access- Whether premises a "factory"-Factories Act, 1937, Sects. 26(1), 151(6).

STANNARD v. BLUE STAR LINE, LTD.

[1955] 1 Lloyd's Rep 406

Negligence-Fellow-employee-Engine-room store-keeper's hand crushed in ship's diesel engine - Alleged negligence of second engineer - Liability of employers.

GLANVILLE CLAYTON (VALUATION OFFICER) v. BRITISH TRANSPORT COMMISSION.

[1955] 1 Lloyd's Rep 409

Rating-Railway or canal hereditaments-Offices occupied and used solely in connection with docks - Basis of valuation - Independent valuation or on "profits basis"-Rating and Valuation Act, 1925, Sect. 22; Second Schedule - Local Government Act, 1948, Sects. 85, 86, 89.

WILLIS v. HARRY FRANKLIN, LTD., AND EAST ANGLIAN FISH SELLING COMPANY, LTD.; WING v. SAME. (THE "MAGNOLIA.")

[1955] 1 Lloyd's Rep 417

Ship-Unseaworthiness-Sinking of trawler-Loss of life-Claim by dependants of deck-hand and of skipper-Res ipsa loquitur-No evidence of sea peril-Alleged negligence of owners and/or skipper-Evidence of detects due to wear and tear-Ship not entered in classification society-Duty of owners- Alleged failure by skipper to take proper care for his own safety and that of his crew.

THE "ESSO PLYMOUTH."

[1955] 1 Lloyd's Rep 429

Collision - River - Bad visibility - Look-out - Starboard-hand rule-Vessels meeting end on in bank of smoke-"Exceptional causes affecting visibility" - Necessity for fog signals-Tardy use of radar-Port of London River By-laws, 1938, Rule 36.

SMITH v. VAN DER VEEN.

[1955] 1 Lloyd's Rep 438

Pilotage-Compulsory pilotage-Exempted ship- Home-trade ship on voyage to port outside limits but calling at port within limits- Failure to employ pilot - Prosecution - Whether home-trade exemption lost - Merchant Shipping Act, 1894, Sect. 742- Pilotage Act, 1913, Sect. 11 (4), (5).

ROGAN v. KINNEAR MOODIE & CO., LTD.

[1955] 1 Lloyd's Rep 442

Negligence - System of working - Safe plant - Capsizing of crane-Injury to crane driver- Dispute as to cause-Alleged overloading.

NEVILL v. PORT OF LONDON AUTHORITY.

[1955] 1 Lloyd's Rep 448

Negligence-Means of access-Safe premises- Obstruction by cargo on ship's deck-Injury to dock labourer - Risk incidental to employment.

DOWNHAM v. ROYAL MAIL LINES, LTD.

[1955] 1 Lloyd's Rep 450

Negligence-Safe premises-Safe plant-Unusual danger-Test bench in electrical workshop on board ship-Injury to engineer's hand by fan blades while testing motor-Switch alleged to be in dangerous position-Slippery floor.

KIERNAN v. R. & H. GREEN AND SILLEY WEIR, LTD.

[1955] 1 Lloyd's Rep 454

Negligence-System of working-Replacing of fly wheel guard over generator in ship's engine-room -Slipperiness of guard due to grease- Difficulty caused by obstruction on generator -Sharp edge on guard-Injury to workman -Alleged negligence of chargehand - Vicarious liability of employers.

THIESS BROTHERS (QUEENSLAND) PROPRIETARY, LTD. v. AUSTRALIAN STEAMSHIPS PROPRIETARY, LTD.*

[1955] 1 Lloyd's Rep 459

Australia-Carriage of goods by sea-Non-delivery -Deviation for purposes outside contract voyage-Justifiability-Construction of contract -Whether deviation reasonable-Sea Carriage of Goods Act, 1924, Schedule, Art. IV (4).

DENHAM v. MIDLAND EMPLOYERS' MUTUAL ASSURANCE, LTD.

[1955] 1 Lloyd's Rep 467

Master and servant-Contract of service-Transfer of service-Divided responsibility-Death of workman lent by regular employers to contractors carrying out work under contract with employers - Contractors covered by separate policies covering (a) third-party liability, and (b) employers' liability- Respective liability of insurers.

THE "ZWAANTIENA."

[1955] 1 Lloyd's Rep 474

Collision-River-Starboard-hand rule-Vessels on opposite courses approaching bend in river- Duty to hold back-Dispute as to place of collision - Buoys marking channel - Buoy missing-Colchester Harbour By-laws, 1950, By-law 8.

LEWIS v. UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD.

[1955] 1 Lloyd's Rep 480

Negligence-Safe premises-Ship's engineers' store -Heavy objects adrift during storm-Injury to engineer-Alleged failure to warn-Proof of negligence-Volenti non fit injuria.

WHITE v. UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD.

[1955] 1 Lloyd's Rep 486

Negligence-System of working-Loading of vessel in dock-Cargo watcher struck by crane set while supervising loading-Alleged failure by hatchwayman to give warning-"Mobile" call-Whether work had ceased.

MIGUEL MICO (LONDON), LTD. v. H. WIDDOP & CO., LTD.

[1955] 1 Lloyd's Rep 491

Sale of goods-Non-delivery-Ship's engines to be delivered by sellers by specified date- Completion dependent upon information to be supplied by buyers - Implied term - Information not given-Delay in delivery- Cancellation by buyers-Claim to recover deposit-Counterclaim by sellers for damages.

BOND AIR SERVICES, LTD. v. HILL.

[1955] 1 Lloyd's Rep 498

Aviation insurance-Policy-Condition providing that observance and performance of conditions by assured were conditions precedent to his right of recovery-Alleged breach- Onus of proof.

COMMONWEALTH OF AUSTRALIA v. ASIATIC STEAM NAVIGATION COMPANY, LTD., AND OTHERS. (THE "RIVER LODDON.")*

[1955] 1 Lloyd's Rep 503

Australia - Shipping - Collision - Limitation of liability - Australian Government ship engaged in trade - Negligent navigation admitted-Calculation of limitation sum- Meaning of "pounds"-Whether English or Australian - Rate of interest - Right of registered Australian Government ship to limitation-Qualified admission of liability- Effect-Colonial Courts of Admiralty Act, 1890, Sect. 2-Merchant Shipping Act, 1894, Sects. 503, 741-Merchant Shipping Act, 1906, Sect. 80.

ENTORES, LTD. v. MILES FAR EAST CORPORATION.

[1955] 1 Lloyd's Rep 511

Contract-Offer and acceptance-Teleprinter- Acceptance communicated by offeree by means of Telex machine-Place where contract made-Conflict of laws-Proper law of contract-Implied intention of parties.

MACPHERSON TRAIN & CO., LTD. v. HOWARD ROSS & CO., LTD.

[1955] 1 Lloyd's Rep 518

Sale of goods-Description-Goods "afloat per the s.s. Moreton Bay due London approximately 8th June"-Whether whole phrase part of description of goods-Late arrival and delivery-Right of buyers to reject-Whether late delivery waived by buyers.

ROGERS v. GEORGE TRANSPORT, LTD., AND WM. H. MULLER & CO. (LONDON), LTD.

[1955] 1 Lloyd's Rep 524

Negligence-Loading of lorry-Duty of lorry driver-Collection of heavy drums from warehouse of shipping agents-Dock labourers employed by shipping agents in rolling drums under fall of crane, to which they were hooked and hoisted on to lorry-Dock labourer injured when drum rolled off lorry- Liability of lorry owners and/or of shipping agents.

GARRETT v. THOMAS BORTHWICK & SONS, LTD.

[1955] 1 Lloyd's Rep 532

Electricity-Protection of employees-Uninsulated conductors-Electric crane-Injury to trainee engineer - Unauthorized act - Contributory negligence-Whether conductors "so placed and safeguarded as to prevent danger so far as is reasonably practicable" - Electricity (Factories Act) Special Regulations, 1908 and 1944, Regulation 2.

McDONALD v. GLEN LINE, LTD.

[1955] 1 Lloyd's Rep 540

Negligence-System of working-Safe plant- Bagged cement unloaded from barge to ship- Use of ship's derrick not plumbing centre of barge-Injury to dock labourer (working on nearside of barge) when (as he alleged) he fell on slippery cement board while avoiding swinging offside set-Whether method of unloading caused dangerous list.

J. H. VANTOL, LTD. v. FAIRCLOUGH, DODD & JONES, LTD.

[1955] 1 Lloyd's Rep 546

Sale of goods (c.i.f.)-Shipment-Extension clause -Failure to ship-Delay due to prohibition of export-Ban on export imposed and later lifted during contract period-"Should the shipment be delayed by . . . prohibition of export . . . the time of shipment shall be extended by two months"-Period covered by extension clause-Alleged duty upon sellers to prove impossibility of purchasing goods afloat-London Oil and Tallow Trades Association Contract, Form 5a.

W. L. R. TRADERS (LONDON), LTD. v. BRITISH & NORTHERN SHIPPING AGENCY, LTD., AND I. LEFTLEY, LTD.

[1955] 1 Lloyd's Rep 554

Forwarding agents-Loss of uninsured goods in transit-Employment of private carriers- Alleged duty upon forwarding agents to insure or to inquire whether goods were covered during transit-Dispute as to terms of contract under which carriers were employed-Whether special conditions agreed limiting carriers' liability. Carriers-Private carriers-Loss of goods in transit by lorry-Lorry left unattended- Negligence of lorry driver-Onus of proof upon carriers as bailees.

HOLMES v. CALEDONIA STEVEDORING COMPANY, LTD.

[1955] 1 Lloyd's Rep 563

Negligence-Proof-Personal injuries claim by dock labourer-Use of wire sweeps to lift heavy cargo-No evidence of negligence on pleaded case-Amendment of pleadings at suggestion of learned Judge-Judgment entered for plaintiff on further plea that sweeps were too short-Appeal-No evidence sustaining further plea.

CONSTABLE v. T. F. MALTBY, LTD.

[1955] 1 Lloyd's Rep 569

Damages-Personal injuries claim by dock labourer-Liability admitted by employers- Assessment-Effect of accident upon person prone to nervous tension-Temporary deterioration of mental condition-Loss of wages.

WAKEFORD v. SCRUTTONS, LTD.

[1955] 1 Lloyd's Rep 584

Negligence-System of working-Safe premises- Discharge of bagged peas and beans into dock shed-Spillage from leaky bags on to floor- Injury to dock labourer when he slipped on loose peas (or beans)-Alleged breach of duty by employers.

HAYZER v. GENERAL STEAM NAVIGATION COMPANY, LTD.

[1955] 1 Lloyd's Rep 591

Negligence - Fellow-employee - Hatchwayman- Injury to dock labourer in ship's hold-Cargo loaded by shore crane-Hatchwayman told by dock labourer to slew set towards him-Order to slew and luff given by hatchwayman to crane driver-Dock labourer struck by set- Alleged negligence of hatchwayman.

MACPHERSON TRAIN & CO., LTD. v. J. MILHEM & SONS.

[1955] 1 Lloyd's Rep 597

Arbitration-Award in form of special case- Motion to set aside or remit-Misconduct of umpire-Admission of evidence strictly inadmissible-Whether umpire should set out whole of evidence justifying finding-Misstatement of arguments.

Lloyd's Law Reports