i-law.com

GOWER v. HALES.

(1927) 28 Ll.L.Rep. 1

Practice - Joinder of parties - Insurance (motor car) - Accident - Damages claimed against defendant-Application by defendant that insurance company be brought in as third parties refused by Master but granted by learned Judge-Dispute as to insurance company's liability under policy-R.S.C., Order 16 r. 52-Arbitration clause -Order reversed.

SOHNEIDER v. WELCH.

(1927) 28 Ll.L.Rep. 4

Insurance (marine) - Loss - Claim - Discovery of documents - Non-production of ship's papers - Order dismissing action for want of prosecution - Discretion of learned Judge - Appeal against order dismissed.

MYAKKA LUMBER COMPANY v. LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 5

Insurance (fire) - Claim - Judgment obtained in Supreme Court of New York in default of defence-Action to enforce judgment-Action stayed to enable defendants to apply to American Court to have judgment set aside- Appeal against order-Order varied- Case adjourned for 14 days, subject to payment into Court.

THE "CRANSTONE."

(1927) 28 Ll.L.Rep. 10

Salvage - Services rendered by pilot to steamship on fire in Swansea Bay- Vessel successfully beached - Tender insufficient.

THE "SOUTHEND BELLE."

(1927) 28 Ll.L.Rep. 13

Collision between sailing barge and steamship in River Thames-Finding of fact that barge luffed at material time - Judgment for steamship - Appeal dismissed.

THE "HEGRE."

(1927) 28 Ll.L.Rep. 15

Collision between steamships in Bay of Biscay-Defendant steamship displaying "not under control" lights-Visibility of lights-Allegation that defendant steamship went astern-Inference to be drawn from condition of boilers- Judgment for defendants.

THE "CORMORANT."

(1927) 28 Ll.L.Rep. 18

Collision between steamships in North Sea -Crossing courses - Duty of give-way ship to reduce speed; of stand-on ship not to alter her course until absolutely necessary-Both found to blame-Apportionment; two-thirds; one-third.

THE "EASTERN MOON."

(1927) 28 Ll.L.Rep. 22

Salvage-Services rendered to steamship disabled in Tasman Sea-Immediate risk of grounding on reef-Both vessels light-£10,250 awarded on salved value of £164,948.

RADCLIFFE v. BUCKWELL.

(1927) 28 Ll.L.Rep. 27

Ship-Overloading-Vessel below her marks -Plimsoll mark, above water on departure from Finland, below water on arrival in U.K.-Absorption of water by cargo during bad weather-"Allows the ship to be so loaded"-Conviction -Merchant Shipping Act, 1894, Sect. 442 (1) (a)-Appeal dismissed.

IN RE CARE & MARQUAND SHIPPING COMPANY, LTD.

(1927) 28 Ll.L.Rep. 29

Company-Shares-Reduction of capital.

RUBY STEAMSHIP CORPORATION, LTD. v. JOHNSON & HIGGINS.

(1927) 28 Ll.L.Rep. 30

Insurance brokers-Policy taken out by American broker through English broker in London-Notice given to assured by American broker that policy would be cancelled unless premiums were paid in advance-Non-payment-Broker's lien on policy-Enforcement of lien in case of "no loss"-Revocation of customary 30-day credit-Right of American broker to cancel policy upheld.

A. H. BULL & CO. (AS AGENTS FOR THE UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION) v. WEST AFRICAN SHIPPING AGENCY AND LIGHTERAGE COMPANY.

(1927) 28 Ll.L.Rep. 33

Negligence-Loss of lighter let on hire by appellants to respondents - Lighter manned by appellants' servants-Alleged negligence of lighter's crew-Whether appellants' servants during hire the servants of the respondents-Duty of bailee-Alleged latent defect in mooring rope.

THE "MACROOM."

(1927) 28 Ll.L.Rep. 34

Dragging collision between steamships in Long Reach, River Thames-Disputes as to which vessel dragged and as to eddies at place of collision-Absence of look-out on plaintiff vessels - Judgment for defendants.

THE "IREX."

(1927) 28 Ll.L.Rep. 37

Negligence - Loss of barge by fire - Oil ignited on surface of water-Conflict of evidence as to origin of oil-Finding that oil was improperly discharged from first defendants' steamship-Negligence of second defendants' crane-man in discharging fire cinders into river negatived.

THE "LEVANTE."

(1927) 28 Ll.L.Rep. 42

Collision between steamships in Strait of Gibraltar during dense fog-Failure of both vessels to reduce way-Plaintiff vessel further to blame for altering her helm-Apportionment: three-quarters; one-quarter-Special order as to costs.

THE "GLOUCESTER COAST."

(1927) 28 Ll.L.Rep. 45

Collision between steamships in Halfway Reach, River Thames, during fog-Conflict as to place of collision-Finding that plaintiff vessel was in her wrong water-Judgment for defendants.

HENRY ROOKE, SONS & CO. v. PIPER & MAY.

(1927) 28 Ll.L.Rep. 49

Sale of goods (pepper c.i.f.)-Documents- Refusal to take up - Arbitration - Award-Error in law appearing on face of award-Duty of sellers to tender documents to buyers on or before arrival of ship-Award set aside and remitted to arbitration tribunal differently constituted.

THE BRITISH OIL & CAKE MILLS, LTD. v. COMPANIA PETROLIFERA HISPANO AMERICANA.

(1927) 28 Ll.L.Rep. 50

Charter-party-Readiness to load-Fitness of vessel to carry cargo of oil-Whether owners had "reasonable time" in which to clean tanks-Arbitration-Consultative case stated under Sect. 19 of the Arbitration Act, 1889.

IN RE AN ARBITRATION BETWEEN LEWIS & PEAT, LTD., AND CATZ AMERICAN CO. (INC.).

(1927) 28 Ll.L.Rep. 51

Sale of goods (pepper c.i.f. New York)- Documents-Baltimore bill of lading endorsed New York-Whether good tender under contract - Arbitration - Consultative case stated under Sect. 19 of the Arbitration Act, 1889.

PHOENIX TIMBER COMPANY v. CENTURY EUROPEAN TIMBER CORPORATION, LTD.

(1927) 28 Ll.L.Rep. 52

Sale of goods (timber)-Shortage and "deviation"-"No complaint or claim will be recognised by sellers upon any goods shipped . . . unless reasonable particulars are given to agents within 21 days of the ship's final discharge"- Formal notice given in time-Need for mathematical calculation only-Arbitration -Whether particulars contained in formal notice; if so, whether reasonable -Award in favour of buyers-Misconduct -Arbitrator's knowledge of timber trade-Motion to set aside award dismissed.

BOARD OF TRADE v. CAYZER, IRVINE & CO., LTD.

(1927) 28 Ll.L.Rep. 57

Charter-party-Requisitioned ship - T. 99- Loss of ship-Arbitration-(31) "It is further mutually agreed that such arbitration shall be a condition precedent to the commencement of any action at law"-Statute of Limitations, 21 Jac. 1, cap. 16-Time from which statute begins to run.

THE "HELLEN" (OWNERS) v. WM. DONOVAN STEAMSHIP COMPANY (INCORPORATED).

(1927) 28 Ll.L.Rep. 58

Collision between steamships in River Chehalis-Appeal against finding of both to blame-Alleged breach of narrow channel rule.

SNIA VISCOSA SOCIETA NAZIONALE INDUSTRIA APPLICAZIONI VISCOSA v. THE "YURI MARU." CANADIAN AMERICAN SHIPPING COMPANY, LTD. v. THE "WORON."

(1927) 28 Ll.L.Rep. 59

Charter-party - Breach - Jurisdiction in Admiralty of Exchequer Court of Canada to entertain action in rem against defaulting ship-Effect upon Colonial Courts of Supreme Court of Judicature (Consolidation) Act, 1925.

THE "BACKWORTH."

(1927) 28 Ll.L.Rep. 61

Collision between steamships in Blackwall Reach-Alleged improper helm action.

THE "RAVEN."

(1927) 28 Ll.L.Rep. 62

Collision between dumb barge, in tow of tug, and steamship off Wapping- Alleged improper helm action.

COMPANIA IMPORTADORA DE ARROCES COLLETTE Y KAMP S.A. v. P. & O. STEAM NAVIGATION CO.

(1927) 28 Ll.L.Rep. 63

Bill of lading-Short delivery (bags of rice) -Prima facie liability of shipowners- Dispute as to identity of bags delivered -Allegation that shipowners delivered all goods shipped on board-Onus of proof on shipowner to prove bill of lading incorrect-Delivery to leading marks-Shipowners' liability to cease "as soon as the goods are lifted from and leave the ship's deck"-Whether applicable to simple mis-delivery- Judgment for bill of lading holders.

AKTIESELSKABET DAMPSKIBS STEINSTAD v. W. PEARSON & CO.

(1927) 28 Ll.L.Rep. 69

Charty-party-Expenses of discharging- "Cargo to be brought to and taken from alongside the steamer at charterers' risk and expense as customary"- Account settled between shipowners and charterers-Basis of settlement subsequently varied by House of Lords decision-Right of shipowners to recover amount overpaid-Voluntary payment made under mistake of law-No legal ground for recovery.

ROYAL COMMISSION ON SUGAR SUPPLY v. HARTLEPOOLS SEATONIA STEAMSHIP CO., LTD.

(1927) 28 Ll.L.Rep. 72

Charter-party-Short delivery (bags of sugar)-Provision in charter-party that bill of lading quantity "to be conclusive evidence as to number of bags of sugar shipped unless error or fraud can be proved"-Provision in bill of lading that "Carrier shall not be concluded as to the correctness of statements herein of quality, quantity, &c." -Overriding effect of charter-party- Inference from arbitrator's findings that quantity was erroneous-Absence of positive evidence-Duty of shipowner to prove error-Judgment for charterers.

IN RE GREAT EASTERN TRAIN FERRIES, LTD.

(1927) 28 Ll.L.Rep. 74

Company-Shares-Reduction of capital.

IN RE SHEAF STEAM SHIPPING CO., LTD.

(1927) 28 Ll.L.Rep. 74

Company-Shares-Reduction of capital.

WILLIAMS BROS. (CARDIFF), LTD. v. WILLIAMS.

(1927) 28 Ll.L.Rep. 75

Management of ship-Account-Claim by plaintiff company that defendant (director of plaintiff company) should account to company in respect of profits made in managing ship-Finding that company (being paid brokerages, commissions, &c.) was adequately remunerated for work actually done- Judgment for defendant.

IN RE PLANET ASSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 75

Company-Alteration of objects.

A. H. BULL & CO. (AS AGENTS FOR THE UNITED STATES SHIPPING BOARD EMERGENCY FLEET CORPORATION) v. WEST AFRICAN SHIPPING AGENCY & LIGHTERAGE COMPANY.

(1927) 28 Ll.L.Rep. 79

Negligence-Loss of lighter let on hire by appellants to respondents - Lighter manned by appellants' servants - Negligence of lighter's crew-Whether appellants' servants during hire the servants of the respondents-Liability of those exercising control in respect of the particular work in hand.

(Continued from p. 34.)

M. ARONSON v. MOLOGA HOLZINDUSTRIE A.G.

(1927) 28 Ll.L.Rep. 81

Sale of goods-Non-performance-Shipment of pulpwood - Passing of property - Failure of sellers to tender goods in accordance with contract-Conversion- Accrued cause of action-Acceptance by buyer (after fall in market price and to avoid damages for dead freight) under proper protest, of non-contract wood tendered-Finding of arbitrator that wood tendered and contract wood were of equal value after market price had fallen-Measure of damages - Whether nominal or substantial - Accord and satisfaction - Substantial damages awarded-Appeal dismissed.

THE "BACKWORTH."

(1927) 28 Ll.L.Rep. 85

Collision between steamships off Blackwall Point, River Thames, in daylight during fine and clear weather-Engines of plaintiff vessel stopped to avoid barges -Cant across river-Plaintiff vessel navigating against tide-Thames By-laws, 1914, Rule 36-Duty of plaintiff vessel to ease "and, if necessary, stop and wait before rounding so as to allow any vessel navigating with the tide to round and pass clear of her"-Construction of rule-Finding that collision was due to inevitable accident-Claim and counterclaim dismissed.

(Continued from p. 62.)

AMERICAN CAN COMPANY, LTD., AND GOSSE MILLERD, LTD. v. CANADIAN GOVERNMENT MERCHANT MARINE, LTD.

(1927) 28 Ll.L.Rep. 88

Bill of lading-Damage to cargo (tinplates) -Whether due to condition of cases containing goods or to negligence of shipowners in exposing cargo to rain-Proof that cases were satisfactory-Inference that damage was rain damage-Duty of shipowners under Carriage of Goods by Sea Act, 1924, Schedule, Art. 3 (2)- Onus of proof on shipowners as bailees that reasonable care was taken-Judgment for cargo-owners.

NORSKE ATLAS INSURANCE COMPANY, LTD. v. LONDON GENERAL INSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 104

Marine insurance - Reinsurance - Treaty between Norwegian insurance company (plaintiffs) and English insurance company (defendants) - Termination of treaty - Dispute - Arbitration - Norwegian award in favour of plaintiffs- Action on award-Treaty not stamped as policy-Admissibility-Clearest indication that Norwegian law was to apply -Proof of validity of treaty in Norway -Lex fori-Stamp Act, 1891, Sects. 12 (5) (6), 93, 97-Marine Insurance Act, 1906, Sects. 22, 23 - Judgment for plaintiffs.

GALBRAITH, PEMBROKE & CO., LTD. v. H. HARRISON (SHIPPING), LTD.

(1927) 28 Ll.L.Rep. 108

Bill of lading-Delivery without production of bill of lading - Authority of agent of bill of lading holders to instruct shipowners so to deliver - Holding out-Judgment for shipowners.

IN RE LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 112

Company-Winding-up petition-Petition, taken up by supporting creditor, to stand over.

CAYZER, IRVINE & CO., LTD. v. BOARD OF TRADE.

(1927) 28 Ll.L.Rep. 113

Charter-party-Requisitioned ship-T. 99- Loss of ship-Arbitration-(31) "It is further mutually agreed that such arbitration shall be a condition precedent to the commencement of any action at law"-Statute of Limitations, 21 Jac. I, cap. 16-Scott v. Avery form -Cause of action-Time from which statute begins to run.

(Continued from p. 58.)

HOURANI v. T. & J. HARRISON; BROWN & CO. v. SAME.

(1927) 28 Ll.L.Rep. 120

Bill of lading-Non-delivery-Goods pilfered by labourers employed by stevedores discharging ship-Carriage of Goods by Sea Act, 1924, Schedule, Art. III, Rule 2, Art. IV, Rule 2 (a) (q)-Construction -Necessity for shipowners to prove that loss happened without their own fault and without the fault of their servants or agents-"Management of the ship"-"Servants" of the stevedore as "servants" of the carrier- Judgment for bill of the lading holders- Appeal dismissed.

THE "CRESCENT."

(1927) 28 Ll.L.Rep. 127

Collision between tugs in River Thames- Plaintiff vessel in process of turning- Failure to repeat turning signal - Absence of efficient look-out on defendant tug-Both found to blame.

THE "PORT HUNTER."

(1927) 28 Ll.L.Rep. 129

Collision between sailing barge and steamship in Gravesend Reach-Barge sailing up in safety-Duty of steamship to keep clear-Onus of proof-Failure of steamship to call material witnesses-Judgment for barge.

THE "RAVEN."

(1927) 28 Ll.L.Rep. 133

Collision between barges, in tow of tug, and steamship in River Thames-Steamship proceeding on wrong side of river-Starboard helm signal not accepted by barges-Duty of steamship to pass port to port or to reduce speed-Failure to observe Thames By-laws - Port of London River By-laws, 1914-26, Nos. 33, 41-Judgment for barges.

(Continued from p. 63.)

THE "BORDER FIRTH."

(1927) 28 Ll.L.Rep. 135

Negligent navigation-Vessel A broken adrift through excessive speed of vessel B-Agreement of terms between parties -Application by owners of B to set aside agreement - Alleged mistake and/or misrepresentation-Application dismissed.

THE "ALSTER."

(1927) 28 Ll.L.Rep. 135

Ship's necessaries-Appraisement and sale- Judgment in default of appearance- Priorities reserved.

W. ANGLISS & CO. (AUSTRALIA) PROPRIETARY, LTD. v. P. & O. STEAM NAVIGATION COMPANY.

(1927) 28 Ll.L.Rep. 139

Bill of lading-Damage to cargo-Fuel oil taint-Whether due to unseaworthiness (detective bulkhead) or to exceptionally heavy weather experienced on voyage.

THE "HULDRA."

(1927) 28 Ll.L.Rep. 139

Mortgage of ship-Claim by mortgagees for payment out.

WILLIAM BEARDMORE & CO., LTD. v. OWEN & WATKIN WILLIAMS & CO.

(1927) 28 Ll.L.Rep. 149

Contract-Supply of ship's engines-Claim for balance due on purchase-Counterclaim in respect of alleged defects- Onus of proof accepted by defendants.

R. B. CHELLEW S.N. COMPANY, LTD. v. WM. H. MULLER & CO. (LONDON), LTD.

(1927) 28 Ll.L.Rep. 154

Contract-Breach-Agreement by defendants to procure charter-party containing specific lay days clause-Omission of clause-Claim by shipowners for damages -Implied duty of defendants- Whether damages the necessary and reasonable result of defendants' alleged negligence.

WILLIAM F. RUSSELL & SON v. MISKIN MANOR SHIPPING CO., LTD.

(1927) 28 Ll.L.Rep. 156

Bill of lading-Delivery against documents -C.i.f. contract - Charter-party - Ship chartered to private wharf of consignee -Cargo delivered by ship to consignee without production of bill of lading- Conversion - Damages - Judgment for consignor - Application by shipowners for leave to appeal.

IN RE NATIONAL BENEFIT ASSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 157

Insurance - Reinsurance - Participation agreement - Claim by insurance company to prove in liquidation of participating company - True character of agreement-Contract of sea insurance- Necessity for stamping-Summons dismissed.

IN RE GENERAL REINSURANCE CO.

(1927) 28 Ll.L.Rep. 159

Company - Voluntary liquidation - Claim by liquidator for payment out of deposit.

CAPT. J. A. CATES TUG & WHARFAGE COMPANY, LTD. v. THE FRANKLIN FIRE INSURANCE COMPANY OF PHILADELPHIA, PENNSYLVANIA.

(1927) 28 Ll.L.Rep. 161

Marine insurance-Total loss (actual or constructive) or partial loss-Vessel sunk in Vancouver Harbour-Notice of abandonment given-Wreck raised by salving company employed by insurance company - Preliminary negotiations between salving company and insurance company regarding purchase by salvors -Whether binding acceptance of abandonment -Likelihood of salvage-Lord Halsbury's observations in the Blairmore, [1898] A.C. at p. 597, explained -Marine Insurance Act, 1906, Sect. 60 (2).

"HELLEN" (OWNERS) v. WM. DONOVAN STEAMSHIP COMPANY, (INCORPORATED).

(1927) 28 Ll.L.Rep. 165

Overtaking collision in River Chehalis, Wash.-Admitted liability of overtaken vessel-Failure of overtaking vessel to satisfy onus of excusing her collision with overtaken vessel-Both found to blame.

(Continued from p. 59.)

IN RE LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 166

Company - Winding-up - Application to postpone compulsory winding-up of company pending sale to another company -Application refused-Appeal dismissed.

THE "HIGHLAND GLEN."

(1927) 28 Ll.L.Rep. 168

Towage contract between tug and steamship -Collision-Damage to tug-Action brought in Mayor's and City of London Court-Finding in favour of steamship on ground that steamship was not negligent-Failure of Judge to consider towage contract-Inference from correspondence, pleadings and course of trial that tug relied on indemnity clause in towage contract-Appeal of tug allowed.

THE "J. DUNCAN."

(1927) 28 Ll.L.Rep. 172

Collision between steamships in Lower Hope Reach, River Thames-Bend in river- Place of collision-Whether to north or south of mid-river-Finding that defendant vessel starboarded for too long a period and so brought herself into plaintiffs' water.

THE "MILTONSTAR."

(1927) 28 Ll.L.Rep. 176

Collision between fishing lugger and steamship in North Sea-Failure of lugger to show proper lights-Judgment for steamship.

HUGHES BOLCKOW SHIPBREAKING COMPANY, LTD. v. BLYTH HARBOUR COMMISSIONERS.

(1927) 28 Ll.L.Rep. 178

Harbours-Agreement between shipbreaking company and harbour commissioners -Right of access to harbour- Entry of vessel to be broken up refused unless and until draught lessened- Mandamus-Case adjourned with a view to settlement-Application by harbour commissioners for costs on ground that action was misconceived- Action dismissed without costs.

SALVAGE ADJUSTMENT CORPORATION v. LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 179

Salvage-Fees-Judgment in default of
appearance.

IN RE THE BRITANNIC ASSURANCE CO., LTD., AND THE BRITISH LEGAL LIFE ASSURANCE CO., LTD.

(1927) 28 Ll.L.Rep. 180

Insurance companies-Amalgamation-Application that certain requirements of Assurance Companies Act, 1909, should, on ground of expense, be dispensed with.

IN RE LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 180

Company-Winding-up-Application to stay advertisement of order pending hearing of appeal.

IN RE LANCASHIRE & GENERAL ASSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 180

Company-Compulsory winding-up.

W. T. LOCKETT COMPANY v. CUNARD STEAMSHIP COMPANY.

(1927) 28 Ll.L.Rep. 181

Bill of lading-Unseaworthiness-Damage to cargo-Defective hose-Latent defect -Failure of shipowners to exercise due diligence at commencement of voyage- Omission of member of crew to close ventilator-Negligence in care and custody of cargo-Hague Rules, 1921, Arts. III (1), IV (1).

THE "CANTON."

(1927) 28 Ll.L.Rep. 185

Collision between steamships in Great Bitter Lake, Suez Canal-Defendant vessel proceeding to anchorage - Conclusions of learned Judge as to (1) position of third vessel and (2) manoeuvres of defendant vessel, involving liability of plaintiff vessel, not accepted by Court of Appeal -Finding that crossing rule applied- Duty of defendant vessel to give way- Statutory duty of masters of ships in collision to enter particulars in official log "immediately after the occurrence" -Collision Regulations, Arts. 19, 21-Defendant vessel found alone to blame.

THE "ELEFTHERIOS K. VENIZELOS."

(1927) 28 Ll.L.Rep. 197

Collision between steamships in River Elbe -Defendant steamship at anchor-Conflict of evidence as to state of weather, position of defendant vessel and whether defendant vessel's anchor lights were burning-Finding that speed of plaintiff vessel was in the circumstances excessive -Judgment for defendants - Appeal dismissed.

THE "INDUNA."

(1927) 28 Ll.L.Rep. 198

Collision between steamships in Atlantic during fog-Finding for defendants on ground of excessive speed of plaintiff vessel-Appeal dismissed.

W. ANGLISS & CO. (AUSTRALIA) PROPRIETARY, LTD. v. P. & O. STEAM NAVIGATION COMPANY.

(1927) 28 Ll.L.Rep. 202

Bill of lading-Damage to cargo-Fuel oil taint-Unseaworthiness or perils of the sea-Defective angle bar-Allegations of insufficiency of design and of bad workmanship -Findings (1) that design and fitting of bar were defective (2) that there was some bad workmanship by servants of shipbuilders-Standards prevailing at material time-Liability of shipowners for bad workmanship of shipbuilders' servants - Finding that shipowners employed diligent and competent inspectors of shipyard work- "Due diligence to make the ship seaworthy" -Limit of shipowners' obligation -Australian Sea Carriage of Goods Act, 1924, Schedule, Arts. III (1), IV (1).

(Continued from p. 149.)

THE "HIGHLAND GLEN."

(1927) 28 Ll.L.Rep. 202

Towage contract between tug and steamship - Collision - Damage to tug - Action brought in Mayor's and City of London Court-Reversal of finding of County Court Judge-Failure to consider towage contract-Inference from correspondence, pleadings and course of trial that tug relied on indemnity clause in towage contract-Application by steamship for leave to appeal.

A. C. EDNEY v. E. F. DE ROUGEMONT, A. F. DE ROUGEMONT AND J. D. R. BELLAMY.

(1927) 28 Ll.L.Rep. 215

Insurance-Motor-car-Loss of car by fire- Value of car at time of loss-Evidence as to motor-car depreciation generally.

IN RE DAWSON LINE, LTD.

(1927) 28 Ll.L.Rep. 215

Company-Shares-Reduction if capital.

WOOD v. ARCOS STEAMSHIP COMPANY, LTD.

(1927) 28 Ll.L.Rep. 215

Negligence - Personal injuries - Claim by stevedore - Alleged defective derrick - Finding of jury that defendants had taken reasonable care - Judgment for defendants.

PATERSON AND ANOTHER v. UNITED SCOTTISH HERRING DRIFTER INSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 217

Marine insurance - Loss - Claim - Alleged misstatement of material facts-Repudiation of contract averred by insurers -Right of insurers to rely upon arbitration clause.

SNIA VISCOSA SOCIETA NAZIONALE INDUSTRIA APPLICAZIONI VISCOSA v. THE "YURI MARU." CANADIAN AMERICAN SHIPPING CO., LTD. v. THE "WORON."

(1927) 28 Ll.L.Rep. 221

Charter-party - Breach - Jurisdiction in Admiralty (Canada)-Contract entered into between non-resident parties, broken outside local area of jurisdiction - Writ in rem and warrant of arrest set aside - Appeal - Jurisdiction conferred by Colonial Courts of Admiralty Act, 1890, commensurate with Admiralty jurisdiction then existing of High Court in England - Subsequent enlargement of High Court Admiralty jurisdiction by Supreme Court of Judicature (Consolidation) Act, 1925-No consequential extension of jurisdiction of overseas Courts-Appeal dismissed.

(Continued from p. 61.)

THE "JUPITER" (NO. 1).

(1927) 28 Ll.L.Rep. 224

Collision between steamships in River Tyne -Defendant vessel in act of moving away from berth-Finding of learned Judge of insufficient time and distance for plaintiff vessel to pass in safety, bearing in mind position of defendant vessel-Negligence of defendant vessel -Davies v. Mann-Duty of plaintiff vessel to hold back-Conclusion of majority of Court of Appeal that there were continuous, contributory and concurrent acts of negligence on part of defendant vessel-Both found to blame.

THE "JUPITER" (NO. 2).

(1927) 28 Ll.L.Rep. 233

Ship - Possession - Vessel originally the property of Russian steamship company, later vested in administrators appointed by French Court to preserve possession for true owners, handed over by captain to Russian Soviet representatives and then sold by them to defendants - Position of captain as bailee and as custodian considered - Right to sue - Declaration of ownership by foreign sovereign state-Effect of Soviet decrees on title of administrators - Onus of proof - Declaration of ownership in favour of French administrators - Appeal dismissed.

THE "ADRIANA."

(1927) 28 Ll.L.Rep. 235

Collision between steamships in Lower Hope Reach, River Thames-Bend in river- Finding that defendant vessel ported too late and so brought herself into plaintiffs' water - Judgment for plaintiffs.

THE "SARTHE."

(1927) 28 Ll.L.Rep. 239

Collision between auxiliary schooner and steamship in Sea Reach, River Thames, during thick fog - Discrepancies in defendants' documents-Excessive speed - Inefficient look-out - Judgment for plaintiffs.

FIREMAN'S FUND INSURANCE COMPANY, LTD. v. WESTERN AUSTRALIAN INSURANCE COMPANY, LTD., AND ATLANTIC ASSURANCE COMPANY, LTD.

(1927) 28 Ll.L.Rep. 243

Marine insurance-Reinsurance-Loss (gunpowder) -Payment by original insurers- Claim against reinsurers for reimbursement - "To pay as may be paid thereon" - "Seaworthiness admitted" clause in reinsurance policy but not in original policy-Unseaworthiness of ship due to faulty stowage of sulphuric acid - Non-liability of original insurers - Claim against reinsurers limited to liability of original insurers.

ST. JUST STEAMSHIP COMPANY, LTD. v. CO-OPERATIVE WHOLESALE SOCIETY, LTD.

(1927) 28 Ll.L.Rep. 252

Charter-party-Freight-". . . 45s. per ton if discharged at" Avonmouth; "46s. per ton if discharged at Manchester. . . . Charterers have the option of ordering steamer to discharge at two safe ports on the same coast . . . in each case freight to be increased by 1s. 3d. per ton. . . . All extra freights to be calculated on the whole cargo"-Option exercised -Vessel discharged at Avonmouth and Manchester-Rate applicable-Construction.

F. W. CHAMBERS & CO., LTD. v. ARDROSSAN DRY DOCK & SHIPBUILDING COMPANY, LTD.

(1927) 28 Ll.L.Rep. 255

Shipbrokers - Commission - Alleged introduction of business to shipbuilding company -Failure of pursuer to satisfy onus of proving (1) that service was rendered under express or implied contract of employment; (2) that service rendered was the efficient cause of resulting business - Judgment for defenders.

IOAN EMLYN JONES v. SOUTH WEST LANCASHIRE COAL OWNERS' ASSOCIATION, LTD.

(1927) 28 Ll.L.Rep. 259

Revenue - Income tax - Assessment - Mutual insurance association - Indemnity of members against liability for fatal accidents to workmen-Surplus of "calls" over expenditure-Whether profits of a trade or business-New York Life Insurance Company v. Styles, 14 App. Cas. 381, followed.

COAST LINES, LTD. v. SOCIETA NAZIONALE DI NAVIGAZIONE, OF GENOA (THE "FAGERNES").

(1927) 28 Ll.L.Rep. 261

Jurisdiction-Collision between British and foreign vessels in Bristol Channel outside three-mile limit-Foreign vessel sunk-Action in personam-Application to set aside order for service of notice of writ out of the jurisdiction-Order XI, r. 1 (ee) - Limits of jurisdiction - Waters inter fauces terrae-Notification that Crown did not claim place of collision as being within the territorial jurisdiction-Order set aside.

THE "TAMESA" AND THE "MODASA."

(1927) 28 Ll.L.Rep. 267

Overtaking collision between sailing barge and steamship in Gravesend Reach- Subsequent collision with dredger- Whether a natural consequence- Novus actus interveniens - Claim by barge against steamship and against tug attendant upon steamship-No negligence proved against tug - Collision due to action of steamship- Steamship found alone to blame-Claim to recover from steamship costs of action against tug refused.

FORBES, ABBOTT & LENNARD, LTD. v. GREAT WESTERN RAILWAY CO.

(1927) 28 Ll.L.Rep. 271

Negligence-Damage to barge through grounding in lock-Conditions of user of dock-Whether sufficiently clear to exempt defendants from liability for negligence-Whether "dock" includes "lock" - Ambiguity - Judgment for plaintiffs.

ROWLAND & MARWOOD'S STEAMSHIP COMPANY, LTD. v. JOSEPH RANK, LTD.

(1927) 28 Ll.L.Rep. 273

Charter-party - Demurrage - Discharge of ship-Claim for over-payment of stevedoring charges (Mersey)-Whether reasonable-Alleged failure to unload steamship with due dispatch.

EDWIN MABEY & CO. v. ELY BEET SUGAR CO.

(1927) 28 Ll.L.Rep. 275

Sale of goods-Rejection (coal c.i.f.)- Alleged misrepresentation - Implied warranty-Whether merchantable coal and/or suitable for buyers' requirements -Delivery out of time-Waiver- Intention to treat contract as subsisting -Allegation that goods were not up to sample and that "plaintiffs never made and never were in a position to make any tender in accordance with the contract"-Finding that sale was not one by sample and that shipping documents were accepted as good tender- Novation-Note or memorandum in writing-Sale of Goods Act, 1893, Sects. 4, 14 (1) (2), 35.

BARKER, JR., & CO., LTD. v. EDWARD T. AGIUS, LTD.

(1927) 28 Ll.L.Rep. 282

Sale of goods-Rejection (coal briquettes f.o.b.)-"Size two inches"-Condition or warranty-Resale of part cargo- Right to reject defective part of goods delivered-Right not exercised-Remedy in damages-Breach of warranty ex post facto-Express agreement that no allowance be made for breach of warranty-Breach of condition-Wallis v. Pratt, [1911] A.C. 394, followed.

THE "MALCOLM BAXTER, JR."

(1927) 28 Ll.L.Rep. 290

Bill of lading-Damage to cargo-Unseaworthiness -Failure of shipowners to exercise due diligence - Involuntary deviation to port of refuge - Levy of government embargo during repairs- Whether damage due to embargo the result of unseaworthiness-Impossibility of performance - Illegality-Liability of shipowners limited to actual damage to cargo.

CHAPLIN v. HARRINGTON MOTOR COMPANY (IN LIQUIDATION).

(1927) 28 Ll.L.Rep. 290

Company - Winding-up - Assets - Claim against motor company for damages in respect of personal injuries-Conduct of litigation undertaken by insurers of motor company-Judgment for plaintiff -Stay of execution with a view to appeal -Winding up of motor company- Appeal abandoned-Damages paid by insurance company to liquidator-No right of plaintiff to be preferred over other creditors.

THE "LAKELAND."

(1927) 28 Ll.L.Rep. 293

Insurance (marine)-Loss-Claim-Denial of liability by insurers-Allegation of scuttling-Evidence of open seacock- Burden of proof-Necessity for assured to prove loss due to an insured peril- Misdirection of jury-New trial.

THE "SIC VOS NON VOBIS."

(1927) 28 Ll.L.Rep. 297

Negligence - Collision between moored vessels in Genoa Harbour - Ranging - Finding that plaintiff vessel was securely moored - Faulty stern moorings of defendant vessel - Judgment for plaintiffs.

THE "SMARAGD."

(1927) 28 Ll.L.Rep. 302

Salvage-Services rendered by tugs and boatmen to steamship deserted in River Tees by crew-Mistaken view of expectant danger-Steamship taken under control and securely moored- Substantial sum awarded by way of encouragement.

THE "SWIFT."

(1927) 28 Ll.L.Rep. 307

Collision between barges (in tow of tug) and steamship in River Thames-Tug and tow turing under London Bridge arch -Steamship stemming tide-Turning signal sounded before intention to turn-Misuse of rule-Thames By-laws, No. 23-Duty of steamship- Negligence of tug and tow-Judgment for steamship.

THE "CITY OF DUBLIN."

(1927) 28 Ll.L.Rep. 311

Collision between steamships in Ghent-Terneuzen Canal-Finding that plaintiff vessel was alone to blame on ground of (1) excessive speed; (2) improper helm action; and (3) breach of regulations.

INDIA RUBBER, GUTTA PERCHA & TELEGRAPH WORKS COMPANY, LTD. v. WESTERN UNION TELEGRAPH COMPANY.

(1927) 28 Ll.L.Rep. 313

Ship-Cable ship-Claim for hire-Repairs to Atlantic cable-Counterclaim for negligence in carrying out repairs- Whether vessel fit to execute work- Competence of crew-Finding that delays were necessarily incidental to cable work and that plaintiffs were not negligent-Judgment for plaintiffs.

TAYLOR v. LEWIS, LTD.

(1927) 28 Ll.L.Rep. 329

Charter-party-Demurrage-Prevention of performance of contract by emergency regulations-Inability of charterers to obtain necessary permit to discharge- Restraint of princes-Whether evidence may be given of deletion from well-known form of charter-party-Inglis v. Buttery, 5 R. (H.L.) 87, discussed- Added written clause guaranteeing discharge -Whether importing an absolute obligation upon charterers-Construction -Judgment for shipowners.

GALBRAITH, PEMBROKE & CO., LTD. v. H. HARRISON (SHIPPING), LTD.

(1927) 28 Ll.L.Rep. 333

Bill of lading-Delivery without production of bill of lading - Authority of agent of bill of lading holders to instruct shipowners so to deliver - Holding out - Judgment for shipowners-Appeal dismissed.

THE "UPWEY GRANGE."

(1927) 28 Ll.L.Rep. 336

Collision between steamships in Lower Hope Reach, River Thames, during "patchy" fog - Alleged excessive speed of plaintiff vessel disproved - Port of London River By-laws, 1914-26, No. 29 -Construction - Excessive speed of defendant vessel-Improper helm action of defendant vessel bringing her into plaintiffs' water-Judgment for plaintiffs.

THE "ST. CHARLES."

(1927) 28 Ll.L.Rep. 341

Collision-Damages-Reference-Assessment -Objection by plaintiffs to Registrar's report - Salvage services - Damaged vessel and salving vessel under control of plaintiffs-Right of plaintiffs to recover payment made to owners of salving vessel for services rendered- Detention of salving vessel-Permanent repairs to plaintiffs' vessel incompleted -Detention of plaintiffs' vessel- Rate per day-Interest-Discretion of learned Registrar.

THE "IKALA."

(1927) 28 Ll.L.Rep. 344

Collision-Damages-Reference-Assessment -Objection to Registrar's report-Loss of use of vessel-Period of non-user- Necessary consequence of collision-Question of fact-Replacement by chartered vessel-Freedom of plaintiffs' vessel from requisition on carrying oil- Whether free ship-The Susquehanna, 25 Ll.L.Rep. 205, discussed-Award upheld.

THE "K.B.S." AND THE "THAMES I."

(1927) 28 Ll.L.Rep. 346

Collision between steamship and lighter (in tow of tug) in Upper Pool, River Thames-Steamship, having moved away from wharf, in position of difficulty- Excessive speed of tug and tow- Inability to manoeuvre-Thames By-laws, 1914-1926, Nos. 34, 38-Judgment for steamship.

THE "GULL."

(1927) 28 Ll.L.Rep. 349

Collision between motor barge and lighter (in tow of tug) in Nine Elms Reach, River Thames-Conflict as to position of vessels-Finding that motor barge was astern of lighter and that she was guilty of improper helm action- Judgment for lighter.

THE "INNISULVA."

(1927) 28 Ll.L.Rep. 351

Collision between sailing barge and motor vessel near Kew Bridge, River Thames -Sailing barge at anchor - Whether anchor light burning-Bad look-out- Judgment for sailing barge.

THE "MERANNIO."

(1927) 28 Ll.L.Rep. 352

Salvage - Services rendered by tugs to steamship after collision - Vessel put ashore-Flooding of ship by rising tide -Ship damaged beyond possibility of repair-Cargo valued at £14,000- Admitted meritorious service-Likelihood of vessel sinking in navigable channel and of port authority ordering her destruction-£1600 awarded.

THE "HANNEVIG BROTHERS."

(1927) 28 Ll.L.Rep. 354

Bill of lading-Damage to cargo (wheat)- Whether due to perils of the sea or to unseaworthiness - Defective rivet - Whether latent-Part cargo stowed in bulk-Bad stowage-Heavy weather encountered on voyage-Apportionment of damage-Canadian Water Carriage of Goods Act, 1910.

PATRICK & CO., LTD. v. RUSSO-BRITISH GRAIN EXPORT COMPANY.

(1927) 28 Ll.L.Rep. 358

Sale of goods-Non-delivery (wheat)- Measure of damages-Resale to sub-buyers within contemplation of parties -No market-Right of buyers to recover loss of profit on resale-Rule in Hadley v. Baxendale.

THE "ENTERPRISER."

(1927) 28 Ll.L.Rep. 358

Mortgage of ship-Judgment in default of appearance-Order for sale.

GENERAL RUBBER CO., LTD. v. HESSA RUBBER MAATSCHAPPIJ.

(1927) 28 Ll.L.Rep. 362

Arbitration-Misconduct-Bona-fide request to tribunal to state special case - Refusal to state-No opportunity given to applicant to apply to Court-Arbitration Act, 1889, Sect. 19 - Matter remitted to arbitrators with direction to state special case-Observations on duties of arbitrators.

SINAI MINING COMPANY, LTD. v. COMPANIA NAVIERA SOTA Y AZNAR.

(1927) 28 Ll.L.Rep. 364

Arbitration-Award-Motion to set aside- Error in law on the fact of the award- Agreement between parties that arbitrator's award should be final.

UNION DER SOZIALISTISCHEN SOWJET REPUBLIKEN, HANDELS-VERTRETUNG DEUTSCHLAND, TRANSPORT ABT. v. MESSRS. PRIDMORE & ROE.

(1927) 28 Ll.L.Rep. 366

Charter-party - Disbursements made by charterers' agents at port of loading - Dunnage mats and timbers-Evidence as to amount used.

Lloyd's Law Reports