i-law.com

CLAN LINE STEAMERS, LTD. v. BOARD OF TRADE. RUPAI TEA COMPANY, LTD. v. SAME.

(1928) 30 Ll L Rep 1

Indemnity Act - Compensation - Inability of vessels to discharge owing to lack of warehouse accommodation - Diversion of ship by owners-Whether by virtue of official order of Shipping Controller or by virtue of letter setting out facilities to discharge elsewhere and permission to use them.

SOCIETE ANONYME PECHERIES OSTENDAISES v. MERCHANTS MARINE INSURANCE COMPANY, LTD.

(1928) 30 Ll L Rep 4

Costs-Taxation-Marine insurance-Loss of trawler-Claim-Intimation by insurers that case would be fought on ground that loss was due to uninsured peril- Order for affidavit of ship's papers; stay of proceedings pending filing- Settlement - Defendants to pay plaintiffs' taxed costs-Costs incurred (1) before date of writ; (2) between date of order for ship's papers and filing of affidavit - Whether premature - Discretion of Taxing Master-R.S.C. Order LXV, r. 27 (29).

WARSAWA v. "WATSNESS" (OWNERS).

(1928) 30 Ll L Rep 9

Workmen's Compensation-Claim by ship's fireman-Loss of sight of eye-Whether due to accident or to natural causes - Finding of learned County Court Judge that loss was due to natural causes - Appeal dismissed.

THE "NORMANSTAR."

(1928) 30 Ll L Rep 10

Collision between steamships in Punta Indio Channel, River Plate, during dense fog -Plaintiff vessel at anchor-Whether anchoring process complete - Reckless navigation by pilot of defendant vessel -Judgment for plaintiffs.

THE "CORNELIA MAERSK."

(1928) 30 Ll L Rep 13

Collision between steamships in St. Clement Reach, River Thames-Defendants on wrong side of channel-Reasonable surmise on part of plaintiff pilot that vessels would pass port to port and consequent maintenance of speed - Judgment for plaintiffs.

THE "ALMINGUES."

(1928) 30 Ll L Rep 13

Ship's necessaries - Appraisement and sale -Wages of crew.

EAGLE, STAR & BRITISH DOMINIONS INSURANCE COMPANY, LTD. v. CAYZER, IRVINE & CO., LTD.

(1928) 30 Ll L Rep 19

Insurance (marline or war)-Requisitioned ship - Charter-panty T. 99 - Collision between steamships C M and E-Doubt as to whether loss of C M due to marine or war risk-War risk undertaken by Government-Payment made by marine underwriters by way of loan -Undertaking by shipowners to refund if found to be war risk-Petersham decision pending-Whether undertaking to refund dependent upon Petersham decision or upon express decision governing C M-Subsequent Geelong decision -Whether delay and enforcement of shipowners' claim against Government at instance of solicitor instructed by marine risk underwriters evidence of election to treat payment as settlement under policies - Whether marine risk underwriters estopped from claiming repayment-Right of subrogation where underwriters have paid loss for which they were not liable considered.

"MARIANNE" (OWNERS) v. BOSS & CO.

(1928) 30 Ll L Rep 29

Charter - party - Discharging expenses - Scanfin charter-"Any work done by the vessel beyond delivering the cargo within reach of the ship's tackle . . . shall be at consignees' risk and expense. The cost of such additional work shall be determined in accordance with a schedule of apportionment"-Construction -Schedule inapplicable to cargo in question - Implied agreement to pay reasonable price - Apportionment between ship-owners and consignees of stevedores' charges - Meaning of "delivery."

THE "HAUK."

(1928) 30 Ll L Rep 32

Collision-Damages - Measure-Subsequent injuries to plating and to rudder-Hire of diver - Whether reasonable - Drydocking of vessel-Reasonable grounds for apprehending injury by collision- Burden of shoving absence of necessity to drydock-Apportionment of drydocking expenses-Detention during repairs -Non-profit-earning capacity of vessel at time of drydocking owing to damaged rudder - Dictum of Lord Dunedin in Vitruvia Steamship Company v. Ropner Shipping Company, [1925] Sess. Cas. (H.L.) 1, at p. 5, applied.

FISHER & SONS v. BEATON.

(1928) 30 Ll L Rep 37

Sale of goods-Breach-Shipment of foreign coal - Claim by buyers against coal exporter - Hire of ships by buyer - Liability to shipowner for demurrage- Finding that exporter guaranteed loading rate or undertook to pay certain demurrage rate-Measure of damage.

THE "TAPANOELI."

(1928) 30 Ll L Rep 41

Collision between steamships in River Thames-Plaintiff vessel proceeding up river on wrong side-Defendant vessel in process of turning-Allegation that defendant vessel negligently went astern independently of turning movement disproved - Improper navigation of plaintiff vessel - Judgment for defendants.

THE "BATAVIER II."

(1928) 30 Ll L Rep 47

Overtaking collision between sailing barge (in tow of tug) and steamship in Blackwall Reach, River Thames-Helm action of tug with consequent breaking adrift of barge due to faulty tow rope - Absence of negligence of steamship- Judgment for steamship.

THE "SAN TIBURCIO."

(1928) 30 Ll L Rep 51

Collision-Limitation of liability.

THE "ALSTER."

(1928) 30 Ll L Rep 51

Ship's necessaries-Wages of crew-Payment out-Motion on behalf of mortgagees -Necessity for issue of writ.

FOREMAN & ELLAMS, LTD. v. FEDERAL STEAM NAVIGATION CO., LTD.

(1928) 30 Ll L Rep 52

Bill of lading-Damage to cargo (frozen meat)-Whether due to inherent vice- Reasonable deviation - Finding that adequate steps were not taken to reduce temperatures in refrigerating holds- Error of judgment by member of crew in use of refrigerating machinery - Whether default in the management of the ship-Australian Sea Carriage of Goods Act, 1924, Schedule, Art. III (1) (c), (2), (8), IV (2) (a) (m), (4)- Judgment for cargo-owners.

FOREMAN & ELLAMS, LTD. v. BLACKBURN.

(1928) 30 Ll L Rep 63

Sale of goods-Rejection (frozen rabbits c.i.f.) - Description - Issue of bill of lading, at port of original loading, seven weeks after original loading and after intermediate voyage-Meaning of "shipment" -Buyer's objection to documents upheld.

GIBSON & CO., LTD., AND OTHERS v. GRANGEMOUTH DOCKYARD CO., LTD. (THE "GRANGEMOUTH.")

(1928) 30 Ll L Rep 65

Negligence-Repairs to ship-Damage to ship and cargo by fire-Use of oxy-acetylene plant by repairers-Reasonable doubt and uncertainty as to cause of fire-Onus of proof-Doctrine of contributory negligence considered-Appeal of ship-repairers allowed.

SANTI AMOROSO v. SEA INSURANCE COMPANY.

(1928) 30 Ll L Rep 74

Insurance (marine) - Damage to cargo (lemons) by decay-Claim-"Liable for decay . . . in consequence of . . . collision of the vessel or through delay resulting therefrom"-Vessel in collision but undamaged-Arrest by order of Court at instance of colliding vessel- "Warranted free of . . . arrest . . . by civil authority"-Proximate cause of damage.

ELLERMAN LINES v. LANDI AND OTHERS. (THE "FALERNIAN.")

(1928) 30 Ll L Rep 77

Salvage - Agreement - Lloyd's form - Term of agreement that amount for services should be settled by arbitration in London and that salvor (defendant) should not arrest the ship unless proper security unprovided-Requisite guarantee obtained and approved by defendant -Seizure of ship under process of Turkish Court-Judgment in favour of defendant obtained by fraud-Breach of contract-Doctrine of res judicata- Whether applicable - Measure of damages -Plaintiffs held entitled by learned trial judge to recover (1) hire of tug to tow vessel from area of operations; (2) legal expenses in resisting arrest- Claims (1) for wages of master and crew of vessel down to date of Turkish judgment and for reasonable time thereafter; and (2) for value of vessel allowed on appeal - Defendant a naturalised British subject-Injunction to restrain British subject from taking proceedings in foreign Court in breach of contract and in fraud-Whether injunction may be granted after judgment obtained.

THE "TAUNTON."

(1928) 30 Ll L Rep 87

Collision between ketch and steamship in Bristol Channel-Helm action of ketch in process of navigation-Duty of steamship to keep clear-Judgment for ketch.

THE "ALMINGUES."

(1928) 30 Ll L Rep 89

Ships' necessaries-Wages and crew-Judgment in default.

WICKETT v. PORT OF LONDON AUTHORITY.

(1928) 30 Ll L Rep 90

Negligence-Personal injuries to lighterman due to snapping of tow rope-Lighter in process of being wound out of defendants' dock-Finding of jury (1) that defendants' servants were negligent; (2) that plaintiff was not guilty of contributory negligence; and (3) that plaintiff had no option to refuse the offer of the tow rope-Conditions of user of dock- "Lightermen . . . availing themselves of the facilities and assistance of the servants of the [dockowner] . . . must do so at their own risk"-Construction -Forbes, Abbott & Lennard v. Great Western Railway, 29 Ll.L.Rep. 117, followed -Judgment for dockowners.

WILLERS, ENGEL & CO. v. E. NATHAN & CO., LTD.

(1928) 30 Ll L Rep 94

Sale of goods-Non-delivery (peppermint oil c.i.f.) - Measure of damage - London Produce Brokers' Association Contract, Rule IX (f)-Invoicing back-Whether basis the "spot" price or market value of shipment-Date of default-Arbitration -Award-Claim to set aside.

HOOD'S TRUSTEES v. SOUTHERN UNION GENERAL INSURANCE CO. OF AUSTRALASIA, LTD.

(1928) 30 Ll L Rep 96

Bankruptcy-Insurance (motor car)-Claim for damages by A against assured in respect of personal injuries - Right of assured to indemnity from insurance company-Bankruptcy of assured before judgment-Vesting of right of assured to indemnity in trustee in bankruptcy- Alleged right of insurance company to repudiate on account of assured's failure to satisfy conditions of policy-Agreement by assured, for consideration, after adjudication, to release insurance company from all liabilities under policy -Estoppel-Second bankruptcy-Adjudication after judgment - Position of second trustee in bankruptcy considered.

LIVINGSTONIA STEAMSHIP CO. v. CLYDE NAVIGATION TRUSTEES.

(1928) 30 Ll L Rep 103

Harbours, Docks, &c. - Loading berth - Priority of turn-Order of turn: A; B; C allotted by dock authority for loading of coke to be supplied f.o.r. by gas corporation-Cargo for vessels A and C on account of same firm-Instructions to gas corporation by purchaser of A and C cargoes to cancel contract for C and to transfer C's cargo to A, even though A fully engaged with her own cargo, cargo short-shipped into A to be loaded into C-Consequent postponement of B's turn-Alleged duty of dock authority to preserve priority-Res inter alios acta- Judgment for dock authority.

CREDIT ANVERSOIS v. COLVILLE & SONS.

(1928) 30 Ll L Rep 110

Sale of goods-Breach-Shipments of iron- Separate invoice in respect of each shipment -Claim for balance of price- Counterclaim-Overcharge in respect of first shipment-Right of set-off-Original contracts with A-Sale of business by A to plaintiffs-Lien of transport company in respect of landing charges and freight-Payment guaranteed by defendants with approval of A - Whether binding on plaintiffs.

THE "SINGLETON ABBEY."

(1928) 30 Ll L Rep 113

Collision between steamships S A and S in Malta Harbour-S A broken adrift by steamship P, causing imminent danger of collision between S A and S -Whether master of S A (light, with a high freeboard) negligent in keeping engines in action-Whether master of S negligent in failing to employ engines -"Agony of collision"-Finding that neither vessel was to blame.

THE "EL URUGUAYO."

(1928) 30 Ll L Rep 118

Collision between steamships in English Channel during dense fog-Acceptance by learned Judge of evidence that defendant vessel was proceeding at "dead slow" half an hour before collision - Excessive speed of plaintiff vessel - Remarks of learned Judge as to future practice where preliminary acts are improperly completed - Plaintiff vessel found alone to blame.

THE "NAPIERIAN."

(1928) 30 Ll L Rep 122

Collision between steamships in English Channel during dense fog-Disputes as to speed and helm action - Admission by defendants of excessive speed-Finding that plaintiff vessel was guilty of excessive speed and of alteration of helm-Both found to blame-Apportionment: two-thirds; one-third - Special order as to costs.

THOMSON TRANSPORT COMPANY, LTD. v. B. SPIERS HALLETT & CO., LTD.

(1928) 30 Ll L Rep 126

GOSLER v. BERGENSKE (LONDON), LTD.

(1928) 30 Ll L Rep 126

Negligence - Personal injury to checking clerk at discharge of timber from steamship - Allegation that insufficient precautions were taken - Contributory negligence disproved - Judgment for plaintiff.

CO-OPERATIVE WHOLESALE SOCIETY, LTD. v. M. AND L. G. EMBIRICOS.

(1928) 30 Ll L Rep 128

Bill of lading-Discharging expenses-Extra cost of discharging at Langton Dock, Liverpool, instead of Birkenhead Dock -Wheat cargo consigned to plaintiffs- Vessel bound to Liverpool-Practice to discharge wheat cargo at Birkenhead- Right of plaintiffs to order vessel to Birkenhead Dock-Whether Birkenhead Dock within limits of port of Liverpool -Linseed cargo, consigned to third parties, also on board - Practice to discharge linseed elsewhere than at Birkenhead - Duty of shipowners, in case of conflict between consignees as to place of discharge, to do what is reasonable-Absence of practical difficulty -Preponderating quantity of plaintiffs' cargo-Judgment for plaintiffs.

THE "METAGAMA."

(1928) 30 Ll L Rep 132

Collision - Damages - Measure-Innocent vessel sunk - Abandonment - Removal by navigation trustees exercising their statutory powers - Judgment obtained by trustees against owners of innocent vessel for expenses incurred in removal of wreck, costs, &c.-Right of innocent vessel to indemnity from guilty vessel- Interest on sum paid over to trustees- Recovery of costs of defence (of action brought by trustees) as between solicitor and client.

LATCHFORD & SONS v. INLAND REVENUE COMMISSIONERS.

(1928) 30 Ll L Rep 134

Revenue-Excess Profits Duty-Assessment -Trading company-Purchase of maize in transit-Passing of property-Notice of appropriation given-Arrival of vessel after final accounting period-Fall in market value before expiration of accounting period-Whether allowable as "actual loss"-"Stock-in-hand."

HOME INSURANCE COMPANY OF NEW YORK v. GAVEL.

(1928) 30 Ll L Rep 139

Insurance (fire)-Policy-Condition precedent to liability that insurers' consent be obtained to prior or subsequent insurances with other companies - Subsequent insurance with another company held invalid - Whether a breach of condition freeing insurers from liability-Leave to appeal refused.

COMPAGNIE CONTINENTALE D'IMPORTATION v. UNION DER SOZIALISTISCHEN SOVJET REPUBLIKEN, HANDELSVERTRETUNG IN DEUTSCHLAND.

(1928) 30 Ll L Rep 140

Sale of goods - Tender of documents - Rejection-London Corn Trade Association Black Sea and Danubian Grain Contract - "Notice of appropriation with . . . date of bill of lading . . . shall be given by the shipper. . . within seven days from date of bill of lading"-Date omitted from notice of appropriation but included in provisional invoice - Whether sufficient compliance with contract - Custom of trade treating notice of appropriation and provisional invoice as separate documents-Whether inconsistent with contract terms-"Notice . . . shall be given"-Whether satisfied by dispatch -Construction.

THE "BALFE."

(1928) 30 Ll L Rep 142

Overtaking collision between steamships in River Plate - Plaintiff vessel moving from anchorage into channel-Whether collision due to improper regard by plaintiffs of defendant vessel coming down or to improper navigation of defendant vessel-Failure of plaintiff vessel to signal her intended movements -Plaintiff vessel found alone to blame.

THE "ALMINGUES."

(1928) 30 Ll L Rep 147

Ship's necessaries-Sale of ship-Damage to cargo - Judgment in default- Priorities reserved.

SMITH, HOGG & COMPANY, LTD. v. LOUIS BAMBERGER & SONS.

(1928) 30 Ll L Rep 148

Charter-party - Discharging expenses (timber) -Claim by shipowners for expenses alleged to have been incurred on behalf of receivers-"Cargo to be brought to and taken from alongside the steamer at charterers' risk and expense as customary"- Construction- Discharge on to quay and discharge into barges distinguished - Method of discharging timber at London docks - Meaning of "alongside" - Custom of the port - Where receivers' obligation to take from alongside begins.

MERCHANTS MARINE INSURANCE COMPANY, LTD. v. LIVERPOOL MARINE & GENERAL INSURANCE COMPANY, LTD.

(1928) 30 Ll L Rep 154

Insurance -Reinsurance -Loss -Continuation of risk if vessel at sea at date original policy expired - Stranding during such continuance - "If the insured object is in a damaged condition at the time the insurance expires . . . the risk shall continue for the immediate consequences of such damage until the object, without unnecessary delay, has been repaired or sold"- Arrival at first port of destination- Position of safety-Vessel patched up- Continuance of voyage-Vessel beached to prevent sinking-Total loss-Chain of causation-Whether loss an "immediate consequence" of original stranding.

R. & H. HALL, LTD. v. W. H. PIM, JUNR., & CO., LTD.

(1928) 30 Ll L Rep 159

Sale of goods-Breach-Measure of damages -Agreement by A to sell wheat c.i.f. to B-Subsequent string contracts B-C-D -Admitted failure of A to tender documents to B-Claim by B against A for damages representing loss of profit on resale and for indemnity against claims by C and D-Contemplation of parties when contract entered into - Finding of arbitrator that chances of resale by B or of B taking delivery about equal-Hammond v. Bussey, 20 Q.B.D. 79, discussed-London Corn Trade Association Australian Wheat Contract No. 12 as evidencing intention to resell - Application of rule in Hadley v. Baxendale.

THE "ZEALAND."

(1928) 30 Ll L Rep 168

Salvage - Services rendered by steamship and tugs to steamship damaged by collision in Liverpool Bay - Grave danger of sinking - Foggy weather - £2000 awarded on salved value of £17,784.

FRENKEL v. MACANDREWS & CO., LTD.

(1928) 30 Ll L Rep 173

Bill of lading-Deviation-"With destination Liverpool with liberty to touch at any ports whatsoever although they may be outside the route . . ."-Cargo shipped at Malaga on from-Liverpool voyage-Regular practice of defendants' steamships-Construction-Right of shipowners to rely upon protection clauses- Unseaworthiness disproved-Method of stowage of barrels of oil-The Maria, 3 Ll.L.Rep. 184, followed.

S. J. BRICE & SONS v. CHRISTIANI & NIELSEN.

(1928) 30 Ll L Rep 177

Negligence-Hire of crane barge-Toppling over of crane while under effective control of defendants' servant-Claim for damages-Onus of proof on defendants to disprove negligence-Term of hire-contract that plaintiffs should insure barge, crane and gear against all risks at defendants' expense-Construction - Arrangement for benefit of both parties-Failure of plaintiffs to insure against "all risks" - Whether accident within term "all risks"-Termination of hire.

HAIN STEAMSHIP COMPANY, LTD. v. BOARD OF TRADE.

(1928) 30 Ll L Rep 180

Charter-party-Requisitioned ship-T. 99- Damage to requisitioned ship by collision, after Armistice, with United States Government vessel carrying mines - Whether collision in consequence of warlike operation.

HARROWER, WELSH & CO. v. McWILLIAM & SONS.

(1928) 30 Ll L Rep 182

BEDFORD PETROLEUM COMPANY, SOC. ANON. FRANCAISE v. ARBUCKLE, SMITH & CO., LTD.

(1928) 30 Ll L Rep 187

Insurance brokers-Account-Consignment of oil cargo to plaintiffs - Passing of property-Insurance of cargo placed by consignors with A (foreign brokers) effected through defendants (English brokers)-Loss of cargo-Recovery of insurance moneys by defendants from underwriters as agents and on account of plaintiffs - Balance of accounts as between defendants and A-Intimation that plaintiffs should look to A for payment - Duty of defendants to account direct to plaintiffs-Relationship between plaintiffs and consignors- Title of plaintiffs to collect-Separate legal persona - Course of business - Reference from plaintiffs to consignors to adjust claim with A-Part settlement by A with consignors-Claim by plaintiffs against defendants for balance-Whether consignors "principals" or "mandatories"-Delegation -Estoppel-Judgment for plaintiffs.

DE MONCHY v. PHOENIX INSURANCE COMPANY OF HARTFORD AND ANOTHER.

(1928) 30 Ll L Rep 194

Marine insurance - Loss (turpentine) - "Leakage from any cause in excess of 1 per cent."-Claim-Ascertainment of loss-Conventional basis of measurement -Meaning of "leakage"-Insurance certificate-"This certificate represents and takes the place of the policy"- Limitation clause in policy-Whether to be read into certificate of insurance -Judgment for assured-Appeal dismissed.

DEE CONSERVANCY BOARD AND OTHERS v. McCONNELL AND ANOTHER.

(1928) 30 Ll L Rep 200

Wreck-Expenses of removal of obstruction - Loss of business of wharf-owners - Claims by River Dee Conservators and wharf-owners against owners of sunken vessel-Finding that vessel was unseaworthy and that she was negligently left unattended by crew with privity of owners-Abandonment to underwriters before expenditure incurred-Whether common law right in respect of negligence barred by private statute incorporating Harbours, Docks and Piers Clauses Act, 1847-The Ella, [1915] P. 111, applied.

WILLERS, ENGEL & CO. v. E. NATHAN & CO., LTD.

(1928) 30 Ll L Rep 208

Sale of goods-Non-delivery (peppermint oil c.i.f.)-Measure of damages-London Produce Brokers' Association Contract, Rule IX (f)-Invoicing back-Whether basis the "spot" price or market value of shipment-Date of default-Arbitration -Award - Misconduct-Application to set aside refused-No substantial miscarriage of justice-Principle the Courts apply.

THE "ZEALAND."

(1928) 30 Ll L Rep 211

Collision between steamships in Liverpool Bay-Dispute as to weather conditions- Finding that there was a "patchy fog" and that both vessels were proceeding at excessive speed - Both found to blame.

THE "DOTTEREL."

(1928) 30 Ll L Rep 215

Collision between steamships in Manchester Ship Canal - Allegation that plaintiff vessel was proceeding down in "crablike" fashion - Finding that plaintiff vessel was heading up and down channel on her proper side and that collision was due to defendant vessel's excessive speed.

HARVIE v. H. TAYLOR & SON.

(1928) 30 Ll L Rep 219

Shipbroker - Commission - Sale of defendants' vessel-Whether an employment of plaintiff on commission terms and whether plaintiff the effective medium of sale-Judgment for plaintiff.

THE "SEAMEW."

(1928) 30 Ll L Rep 221

Collision between steamships off Blackwall Point, River Thames, during fog - Plaintiff vessel at anchor, carrying fore and aft riding lights and stern light- Whether carrying of stern light misleading and a contravention of Port of London River By-laws-Finding that defendant vessel was proceeding at excessive speed having regard to weather conditions.

TAYLOR v. CAIRN LINE, LTD.

(1928) 30 Ll L Rep 222

Workmen's compensation-Claim by dependents of dock labourer-Death due to fall into hold-Whether hatch adequately protected-Varied issues of fact and law-Mode of trial.

GUARDIAN ASSURANCE COMPANY, LTD. v. COMMISSIONERS OF INLAND REVENUE.

(1928) 30 Ll L Rep 223

Revenue-Excess Profits Duty-Assessment -Company carrying on life and other insurance business - Whether to be treated as separate businesses for the purpose of Excess Profits Duty - Finance Act, 1915, Sect. 11 - Finance (No. 2) Act, 1915, Sect. 40 (1).

THE "POINT BREEZE."

(1928) 30 Ll L Rep 229

Collision action-Issue of writ in rem-Bail bond given by defendants up to amount of security demanded by plaintiffs- Judgment in favour of plaintiffs-Additional bail demanded-Re-arrest of ship -Further undertaking given under protest -Motion to set aside warrant of arrest-Effect of accepting bail-Observations as to the result of extending power of arrest.

THE "MARY" AND THE "VIKING."

(1928) 30 Ll L Rep 232

Collision between steamships in River Thames in broad daylight - Plaintiff vessel at anchor-Allegation by defendant steamship that collision was due to negligent navigation of sailing barge (second defendants)-Finding that defendant steamship paid insufficient attention to movements of barge.

THE "NEW YORK CITY."

(1928) 30 Ll L Rep 236

Collision between barge (in tow of tug) and steamship in River Avon-"Every vessel going down the river against the flood tide is to stop above the sharp bends when vessels coming up the river are rounding such bends to avoid passing such vessels at the bends in the river" - Dispute as to place of collision-Duty of steamship to have stopped above bend-Finding that steamship acted too late.

THE "CESTRIAN."

(1928) 30 Ll L Rep 240

Collision between sailing yachts in River Crouch-Crossing courses-Dispute as to which was give-way vessel - Bad look-out on plaintiff vessel-Judgment for defendants.

R. M. HEWETT AND OTHERS v. ESSEX COUNTY COUNCIL.

(1928) 30 Ll L Rep 243

Lands-"Injurious affection"-Obstruction to user of wharf-Building of bridge over Barking Creek - Private Act - Arbitration-Measure of compensation where no land taken-Acquisition of Land (Assessment of Compensation) Act, 1919.

BROOKE v. ARTHUR NEAGLE & CO.

(1928) 30 Ll L Rep 244

Shipbrokers-Sale of ship-Commission- Alleged oral agreement between plaintiff and defendants, plaintiff to receive half commission on business introduced to defendants - Denial of agreement - Agreement previously sued upon-Res judicata.

SMITH & SONS v. COMMISSIONERS OF INLAND REVENUE.

(1928) 30 Ll L Rep 247

Revenue-Excess Profits Duty-Assessment - Deductions - Grain importers-Purchase of shipments - Documents not taken up-Reservation of jus disponendi to shippers-Whether "trading stock in hand" - Loss on sales of stock - Finance Act, 1921, Second Schedule, Part II, r. 1.

AKTIESELSKABET OCEAN v. B. HARDING & SONS, LTD., AND HENRY ARNOLD & CO.

(1928) 30 Ll L Rep 249

Charter-party-Dead freight and demurrage -Lien-Failure to load "full and complete cargo"-Liabilities of holders of bills of lading-Charter entered into without authority by X as agent of shipowners - Validity of charter - Ratification-"All the terms, conditions, clauses and exceptions contained in the said charter-party apply to this bill of lading and are deemed to be incorporated herein. . . ."- Fulfilment of contract between shippers and X "as per separate chartering notes"-Circuity of action.

THE "BALTICO."

(1928) 30 Ll L Rep 257

Collision between steamships in River Tyne -Defendant vessel in process of turning movement for purpose of entering dock-Failure to signify intention- Absence of negligence on part of plaintiff vessel-River Tyne By-laws, Nos. 21 and 22-The Skipsea, [1905] P. 32, applied.

THE "ESSEX FRIAR."

(1928) 30 Ll L Rep 262

Salvage - Services rendered to steamship aground in River Bonny, West Africa- Risk to salving vessel of grounding- Experience of salvors-Knowledge of local conditions - £4285 awarded on salved values of £28,767.

THE "CROSSBILL."

(1928) 30 Ll L Rep 271

Negligence - Damage to steamship - Bad berth-Inference to be drawn from survey of berth and position of damage, and from fact that steamship previously and subsequently had lain at same berth without damage-Judgment for defendants.

THE "ROYALSTAR."

(1928) 30 Ll L Rep 277

Shipmaster-Court of Inquiry-Censure- Appeal against finding of Court that master was negligent in (1) not satisfying himself that his charts were up to date; (2) failing to read local pilotage instructions; and (3) failing to take certain bearings-Appeal allowed- Censure set aside.

SYMINGTON & CO. v. UNION INSURANCE SOCIETY OF CANTON, LTD.

(1928) 30 Ll L Rep 280

Insurance (marine) - Damage to goods "which may reasonably be attributed to fire"-Slip-Issue of policy subsequent to loss-Claim-Whether insurers justified in incorporating "fire clause" in policy, not stipulated for in slip- "Warehouse to warehouse" clause- Whether San Roque, eight miles inland from port of shipment, "any port or ports, place or places between Bordeaux and Nice . . ."-Damage due to action taken by port and military authorities in extinguishing fire - Whether within f. c. & s. clause - Institute Cargo Clauses (F.P.A.), Nos. 6 and 9.

THE "JENNIE."

(1928) 30 Ll L Rep 280

Collision between steamship and landing stage-Cost of repair - Limitation of liability.

DAMPSKIBSSELSKAB HALLA v. CATSELL & CO.

(1928) 30 Ll L Rep 284

Shipbrokers -Breach of duty-Chartering of plaintiffs' vessel to X, a person without means, in employ of defendants -X engaged in freight speculations- Charter put forward by defendants as genuine and substantial business-Loss -Damages.

BLANDFORD v. P. & O. STEAM NAVIGATION COMPANY.

(1928) 30 Ll L Rep 286

Negligence - Personal injuries - Plaintiff's visit to defendants' steamship in dock- Fall into ship's hold-Licensee-Concealed trap-Contributory negligence- Reasonable care-Judgment for plaintiff.

J. ARON & CO. (INC.) v. MIALL.

(1928) 30 Ll L Rep 287

Marine insurance-Damage to goods by rain and sea water-Purchase of goods c.i.f. by plaintiffs-Substantial part of damage sustained before shipment-Right of buyers to sue in respect of antecedent damage - Insurance "warehouse to warehouse" by sellers-Assignment of sellers' rights-Measure of damages- Arbitration between buyers and sellers -Whether award embraced defects in quality and damage-Plaintiffs' claim upheld but reduced.

BEATON v. ADAM.

(1928) 30 Ll L Rep 293

Sale of goods-Breach-Rescission by buyer -Delivery of coal by instalments for bunkering of trawlers-Allegation by buyer that coal was unsuitable for particular purpose-Seller's knowledge of "particular purpose"-Circumstances showing buyer's reliance on his own experience and judgment - Whether coal of unmerchantable quality-Finding that some deliveries were defective - Right of buyer to rescind - Evidence regarding alleged defects- Inference to be drawn from fact that market price had fallen below contract price; that remuneration of complainant crews of trawlers depended upon profits; that coal of the same description had been supplied to other steamship owners without complaint; that buyer, during the subsistence of the contract and when the contract coal supplied gave no cause for complaint, bought other coal at market price; and that buyer never claimed deduction in price of any shipment-Measure of damages-Mitigation-Substituted coal supplied, in interests of both parties, at port of shipment-Whether supplies under contract - Sale of Goods Act, 1893, Sects. 13, 14 (1) (2), 31 (2).

DEXTER & CARPENTER (INC.) v. WAUGH & ROBERTSON.

(1928) 30 Ll L Rep 301

Sale of goods-Breach-Purchase of coal- Shipment from American port - "Steamer C . . . (June) 29 cancelling. This should enable June sailing and very best that we could do"-Subsequent intimation by sellers that C would not sail before early July-Repudiation by buyers-Construction in view of messages previously exchanged-Likelihood of June sailing-Alleged concealment of material facts - Bona fide expression of opinion-Right of buyers to rescind.

HENRY DEAN & SONS (SYDNEY), LTD. v. P. O'DAY PROPRIETARY, LTD.

(1928) 30 Ll L Rep 305

Sale of goods-Breach-Failure to deliver (bales of wheat sacks c.i.f. & e.)-Tender of documents in accordance with contract-"Draft will be accepted as soon as goods proved equal description purchased"-Goods supplied not in accordance with contract - Whether persistent refusal to pay price, except upon inspection, a breach disentitling buyers to claim damages for seller's failure to deliver.

HANNAM AND ANOTHER v. ARP AND ANOTHER.

(1928) 30 Ll L Rep 306

Sale of goods-Delivery of goods without production of bills of lading-Conversion -Measure of damage-Delivery by shipowners to wharfingers under letter of indemnity of K (fraudulent person) -Bills of lading sent by plaintiffs bank (pledgees of K's bills of lading) to wharfingers-"Please carry out usual instructions"-Duty of wharfingers to put "stop" on goods-Delivery by wharfingers to orders of K-Bills of lading handed by wharfingers to ship's agents in exchange for letter of indemnity -Whether goods had "got home" to plaintiffs.

ENSIGN SHIPPING COMPANY, LTD. v. COMMISSIONERS OF INLAND REVENUE.

(1928) 30 Ll L Rep 312

Revenue-Excess Profits Duty-Assessment -Temporary interruption of use of ships by Government-Requisition- Clearances at sailing port withdrawn- Intimation from Customs officer that crews were to be retained and fires kept banked-Sum paid by way of compensation -Whether trading profit.

CO-OPERATIVE WHOLESALE SOCIETY, LTD. v. M. & L. G. EMBIRICOS.

(1928) 30 Ll L Rep 315

Bill of lading-Discharging expenses- Extra cost of discharging at Langton Dock, Liverpool, instead of Birkenhead Dock-Wheat cargo consigned to plaintiffs-Vessel bound to Liverpool- Practice to discharge wheat cargo at Birkenhead-Right of plaintiffs to order vessel to Birkenhead Dock-Whether Birkenhead Dock within the limits of port of Liverpool-Linseed cargo, consigned to third parties, also on board- Practice to discharge linseed elsewhere than Birkenhead-Duty of shipowners, in case of conflict between consignees as to place of discharge, to do what is reasonable-Absence of practical difficulty-Preponderating quantity of plaintiffs' cargo-Judgment for plaintiffs -Appeal dismissed.

Lloyd's Law Reports