i-law.com

CLAN LINE STEAMERS, LTD. v. BOARD OF TRADE.

(1929) 34 Ll.L.Rep. 1

Charter-party - T. 99 - Requisitioned ship -Loss of C M by collision with W F- Whether marine or war risk-Finding of arbitrator, that C M was not engaged on warlike operation, upheld by Judge -Admission that W F was engaged on warlike operation - Causa proxima non remota spectatur-Sudden sheering of C M across bows of W F-Defective steering gear-Absence of negligence on part of W F-

THE "HERCULANEUM."

(1929) 34 Ll.L.Rep. 9

Collision between steamship and tug in Swansea Bay - Vessels on crossing courses with steamship the give-way vessel-Failure to give way-Bad look-out -Duty of stand-on vessel-Collision Regulations, Art. 21-Steamship found alone to blame.

THE "GLOUCESTER COAST."

(1929) 34 Ll.L.Rep. 12

Collision between steamships in River Mersey during fog-Duty of vessels to keep to starboard side of fairway-M, drifting up stern first, athwart and on the wrong side of river - Breach of local rule - Seamanship - Excessive speed of G C-Astern movement by M -M found alone to blame - Appeal - Both to blame-Costs.

THE "VECTIS."

(1929) 34 Ll.L.Rep. 14

Negligence-Damage to plaintiffs' sailing barge H in Milton Creek, River Swale -Defendants' sailing barge V moored alongside wharf - H grounded at low tide near V-V's anchor admittedly in improper position - H subsequently swung by high tide into collision with V - Damage due to contact with V's anchor-Whether those in charge of H should have been aware of dangerous position of V's anchor and were negligent in failing to moor the H- Alleged practice to carry anchor contrary to by-laws-

JOHN SADD & SONS, LTD. v. BERTRAM RATCLIFFE & CO.

(1929) 34 Ll.L.Rep. 18

Charter-party - Demurrage - "Time for discharging to count from first high water on or after arrival providing sufficient water at the berth"-Whether sufficient water on first high water after arrival-Finding by learned trial Judge that depth was insufficient - Appeal-Jurisdiction-Question of law -Records of tides-Relative values of Port of London Authority and Admiralty tide records and record of measurements kept by watchmen in charge of berth - Appeal allowed - Judgment for shipowners.

RICHARD HUGHES & CO. v. SOUTHERN RAILWAY CO.

(1929) 34 Ll.L.Rep. 22

Negligence-Damage to steamship at berth (Fremington Harbour)-Evidence of formation and condition of berth; of condition of steamship; and that keel was unsupported for considerable length-

VALKERING v. WINTER BROS.

(1929) 34 Ll.L.Rep. 30

Sale of goods - Rejection - "Notice of appropriation with ship's name, date of bill or bills of lading . . . shall be given by the shipper . . . within 21 days from date of bill of lading . . ." -Omission of bill of lading date from. notice of appropriation-Arbitration -Award - Special case - Arbitrators' finding that buyer waived the irregularity in the notice of appropriation- Finding upheld-Judgment for sellers.

B. L. SHIPPING COMPANY, INC. v. PILOT TRADING COMPANY, LTD.

(1929) 34 Ll.L.Rep. 35

Ship-Charter-party-Rejection of vessel by charterers-Suitability of vessel- "Having a capacity of about 6500/7000 tons of oil or thereabouts"-Doubt as to vessel's capacity-"Gas free" inspection of tanks-Opportunity of inspection not availed of by charterers- Order for inspection by charterers- R.S.C., Order L, r. 3-Scope of rule.

MARCHANT v. CHAR STEAM TRAWLING COMPANY, LTD.

(1929) 34 Ll.L.Rep. 38

Workmen's compensation-Injury to deckhand of trawler - Deckhand temporarily employed as boatswain-Basis of assessment-Measure of compensation.

THE "MARY BARROW."

(1929) 34 Ll.L.Rep. 39

Salvage-Services rendered by motor boat and lifeboat to schooner in distress off North Foreland - Vessel towed to Ramsgate-Prompt and meritorious service-£300 awarded on salved values of £2000.

THE "LUCANIA."

(1929) 34 Ll.L.Rep. 44

Salvage-Services rendered by four tugs to steamship in Liverpool Bay-Salvage or towage-Vessel with no effective steering gear and with no available anchor, but with steam and having engines working-£1700 awarded on salved values of £46,000.

PATTERSON v. ROBINSON.

(1929) 34 Ll.L.Rep. 49

Seamen-Offence against discipline-Complaint against members of crew-No entry made in log-Jurisdiction of magistrates to hear complaint-Discretion of magistrates-Merchant Shipping Act, 1894, Sects. 225 (1) (e), 228, 239, 240.

MODIANO BROTHERS & SON v. H. T. PEARSON & CO., LTD.

(1929) 34 Ll.L.Rep. 52

Sale of goods (hides c.i.f.) - Rejection - "Quality: Goods to be taken with all faults and defects, but to be fair average of the mark and/or description, or a fair allowance to be made" -Arbitration-Arbitrators' "decision to be final and binding on sellers and buyers"-Goods of incorrect description -Ambiguity-Award upholding buyers' claim to reject upheld.

VERREN v. ANGLO-DUTCH BRICK COMPANY (1927), LTD.

(1929) 34 Ll.L.Rep. 56

Charter-party-Demurrage-"Cargo to be loaded and discharged together within five reversible working days. Time to commence from first high water at or off loading or discharging berth . . . Any days saved on this charter are to be deducted from" owners' claim for demurrage under earlier charter - Construction-Artificial periods commencing at high water-Meaning of "reversible"-

CHAPMAN (OR OLIVER) v. SADDLER & CO.

(1929) 34 Ll.L.Rep. 59

Negligence-Stevedores-Discharge of ship -Porter killed-Claim by dependants -Faulty rope sling containing bags of maize meal-Care of ropes-Duty of stevedores-Slings provided by stevedores for use by their employees and by employees of porterage company-Continuous operation-Knowledge of stevedores that sling would be used in an obviously dangerous operation and that porters relied upon examination of ropes by stevedores-Impracticability of inspection of ropes by porters-

BLACK v. OWNERS OF STEAMSHIP "HESPERIDES."

(1929) 34 Ll.L.Rep. 65

Workmen's compensation-Claim by dependants of deceased seaman-Vessel moored at distance from quay-Boat provided by employers - Seaman drowned in endeavouring to reach vessel by traverse of barges-

THE "SAGAING."

(1929) 34 Ll.L.Rep. 70

Collision between steamships in Limehouse Reach, River Thames, in broad daylight - Plaintiff vessel proceeding down river - Defendant vessel turning to enter dock-

THE "NUBIA."

(1929) 34 Ll.L.Rep. 74

Collision between motor barge and hopper (lashed to tug)-Dispute as to relative positions of vessels-Thames By-laws- Applicability to every vessel navigating River Thames-Duty to pass starboard to starboard "unless the special circumstances of the case make departure from this by-law necessary" -Onus of justifying departure from rule-Breach of rule by hopper- Judgment for barge.

NATIONAL EMPLOYERS' MUTUAL GENERAL INSURANCE ASSOCIATION, LTD. v. ELPHINSTONE.

(1929) 34 Ll.L.Rep. 77

Principal and agent-Account-Premiums -Agreement by defendant to act as agent for plaintiff insurance company -Allegation that agreement was made between plaintiffs and G P Company- Sub-agents-Liability of defendant to account for premiums received by G P Company.

TRADING COMPANY L. & J. HOFF v. UNION INSURANCE SOCIETY OF CANTON, LTD., AND C. I. DE ROUGEMONT.

(1929) 34 Ll.L.Rep. 81

Insurance (theft)-Loss of bearer shares in Esthonian railway company (successors of Russian company with properties in Esthonia, Latvia, Lithuania, Poland and Russia) during railway journey- Claim-Defence of non-disclosure and of fraudulent over-valuation and denial that loss occurred-Judgment on all points for underwriters-Appeal -Speculative valuation of shares- Duty of assured to disclose material facts-Appeal dismissed on ground that there was non-disclosure.

THE "THALA."

(1929) 34 Ll.L.Rep. 93

Salvage-Services rendered by tugs to steamship aground in River Tees-Refloating - Possibilities of danger arising - £950 awarded on salved values of £74,000.

RUSSELL v. UNITED STATES SHIPPING BOARD MERCHANT FLEET CORPORATION.

(1929) 34 Ll.L.Rep. 96

Master and servant-Contract of service- Termination-Notice-Publicity representative in England of American corporation, engaged at yearly salary -

WADSWORTH LIGHTERAGE & COALING COMPANY v. SEA INSURANCE COMPANY.

(1929) 34 Ll.L.Rep. 98

Marine insurance-Sinking of steam barge in Coburg Dock, Liverpool-Claim- Policies covering "perils of the sea" and "sinking"-Construction-Cause of loss-Blows which barges must inevitably receive-Expert evidence of condition of barge-

THE "PALEMBANG."

(1929) 34 Ll.L.Rep. 107

Collision between steamships is Sea Reach, River Thames, during fog-Allegation by defendant vessel that she was suddenly enveloped in fog-Plea of inevitable accident-Plaintiff vessel swinging to her anchor-Whether a vessel under way and turning - Turning signals - Thames By-laws, 1914-1926, No. 28 (e)- Meaning of "at anchor"-

RICHARD HUGHES & CO. v. SOUTHERN RAILWAY CO.

(1929) 34 Ll.L.Rep. 114

Negligence-Damage to steamship at berth (Fremington Harbour)-Finding that berth was unfit - Whether defendant berthowners protected by published conditions of user of berth - Employment of defendants' harbourmaster by shipowners-Agent for limited purpose - Whether harbourmaster's knowledge of contents of notice and of condition of berth to be imputed to shipowners - Letter from harbourmaster to shipowners intimating that berth perfectly safe-Ambiguity-Judgment for shipowners.

NEW LIVERPOOL-EASTHAM FERRY & HOTEL COMPANY, LTD. v. OCEAN ACCIDENT & GUARANTEE CORPORATION, LTD.

(1929) 34 Ll.L.Rep. 118

Insurance (marine) - Barge, damage to ground moorings of - Barge used as coal hulk - Claim - Non-disclosure - "Body, tackle, apparel, ordnance, munition, artillery, boat and other furniture of and in the" barge - Construction - Marine Insurance Act, 1906, Rule 15 -

THE "REIHER."

(1929) 34 Ll.L.Rep. 123

Negligence-Sinking of barge in Regent's Canal Dock - Barge crushed during manoeuvres of steamship - Whether plaintiffs negligent in leaving barge unattended-Steamship found alone to blame.

GROSE & STOCKER, LTD. v. A. WESTCOTT. (THE "FRANCES AND JANE.")

(1929) 34 Ll.L.Rep. 128

Charter-party-Breach-Readiness to load china clay - Supply of china clay by plaintiffs under contract between plaintiffs and third party dependent upon vessel being ready to load-Vessel not ready - Freight expenditure by plaintiffs - Whether recoverable as damages from shipowners-Remoteness of damages-Rule in Hadley v. Baxendale -Contemplation of parties at time charter-party entered into - Judgment for plaintiffs.

THE "ROSCHAL."

(1929) 34 Ll.L.Rep. 133

Collision between sailing barge and steamship in Lower Hope Reach, River Thames - Steamship in difficulty in overtaking another vessel-Look-out- Duty of steamship to have reduced way by engine action-Judgment for barge.

THE "BRAA."

(1929) 34 Ll.L.Rep. 137

Collision between steamships off Stoneness Point, River Thames - Admission of liability by defendant vessel-Reduction of speed by plaintiff vessel - Whether plaintiff vessel, navigating against tide, should have waited below Point - Thames By-laws, 1914-1926, Rule 36-Construction-Object of rule to avoid two ships being on apex of point at the same time-Judgment for plaintiffs.

PERRY & CO. (BOW), LTD. v. PORT ISAAC HARBOUR COMMISSIONERS.

(1929) 34 Ll.L.Rep. 140

Contract - Erection of breakwaters at Port Isaac Harbour - Tender dependent upon depth of excavation-Provision for excavation down to 30 in.- Work commenced - Subsequent discovery by contractors that further excavation was necessary - Impossibility of performance of contract in was contemplated - Contract treated as subsisting - Effect - Failure of defendants further to instruct contractors - Breach - Measure of damages - Remuneration for work done and for preliminary work necessary for carrying out contract- Reference.

SILVER AND LAYTON v. OCEAN STEAM SHIP COMPANY.

(1929) 34 Ll.L.Rep. 149

Bill of lading-Damage to cargo (frozen eggs in tins)-Tins difficult to handle -Duty of shipowners to "properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried"-Discharge in nets -Whether damage arose from "insufficiency of packing"-Meaning of "insufficiency of packing" -

McDONALD AND STANLEY (TRADING AS THE UBIQUE FORWARDING & WAREHOUSE COMPANY) v. DAVIES.

(1929) 34 Ll.L.Rep. 157

Contract - Breach - Sale of wharf, &c. - Inclusion of crane, which "will be completed in working order by the vendor forthwith and handed over approved by a competent authority," with certificate-Meaning of "forthwith" - Unreasonable delay amounting to breach - Crane repaired by engineers by employed by plaintiffs - Claim by plaintiffs for cost of repairs and loss of profit.

ATTORNEY-GENERAL v. GLEN LINE, LTD., AND LIVERPOOL & LONDON WAR RISKS INSURANCE ASSOCIATION, LTD.

(1929) 34 Ll.L.Rep. 161

Ship - Detention by German authorities during period of war-Abandonment to underwriters-Right of Government as reinsurers-Ship restored to and sold by underwriters - Compensation subsequently paid to owners by German authorities - Nature of payment - Treaty of Versailles, Art. 297 (e)- Whether a lump sum paid as personal compensation to owners in estimation of their prospective loss of hire at time of detention-

"THE FLORE."

(1929) 34 Ll.L.Rep. 172

Salvage-Services rendered by two tugs to steamship on fire in River Thames- Services at first refused by steamship- Acceptance of services by fire brigade officer on board-"Reasonably prudent and necessary"-Services subsequently accepted by steamship-£700 awarded on salved values of £73,629.

THE "SALAWATI."

(1929) 34 Ll.L.Rep. 177

Salvage-Services rendered by watermen to steamship dragging anchor in Gravesend Reach, River Thames-Probability of collision with and damage to other vessels-£400 awarded.

THE "NORMANSTAR."

(1929) 34 Ll.L.Rep. 183

Costs-Taxation-Collision action followed by limitation action by wrongdoing vessel-Reference to Registrar- Objection to allowance by Registrar of fees paid to average adjusters for preparing particulars of claims-Course involving less expense where large number of items to be proved-Objection overruled.

THE "OTRANTO."

(1929) 34 Ll.L.Rep. 184

Collision between steamships off Humber Light-vessel-Steamships on crossing courses with plaintiff vessel the give-way vessel-Failure to give way-Duty of stand-on vessel where impossible for give-way vessel by her own action to avoid collision-"Golden rule" to take off way-Attempt to avoid collision by helm action alone-Collision Regulations, Arts. 19, 21-Both found to blame.

THE "ESSEX ENVOY."

(1929) 34 Ll.L.Rep. 191

Collision-Damages-Admission of liability by defendants-Plaintiff vessel chartered before repairs effected-"In the event of loss of time" from "damage . . . preventing the working of the vessel for more than 12 running hours payment of hire shall cease until she be again in an efficient state . . ."-Construction -Four days occupied in repairs-Deduction of hire by charterers -Right of plaintiff to recover loss of hire from defendants.

GOODWIN, FERREIRA & CO. LTD., AND OTHERS v. LAMPORT & HOLT, LTD.

(1929) 34 Ll.L.Rep. 192

Bill of lading-Damage to cargo (cotton yarn) by sea water-Yarn discharged into lighter in Bahia Roads-Subsequent fall of machinery in discharge, damaging lighter-Whether discharge of yarn into lighter constituted deviation from bill of lading terms- Whether discharge of yarn completed- Cause of damage-"Insufficiency of packing" - Absence of negligence -Onus of proof-Carriage of Goods by Sea Act, 1924, Schedule, Art. IV (2) (n) (q)-

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

(1929) 34 Ll.L.Rep. 197

Charter-party-Requisitioned ship-T. 99 -Damage to requisitioned ship by collision, after Armistice but before signing of peace, with United States Government vessel R returning with mines to America-Temporary cessation of hostilities-Finding of arbitrator that collision was caused by the negligent navigation of both vessels and that both were equally to blame; that the R was performing a warlike operation; and that the collision was a consequence of hostilities or warlike operations-Arbitrator's award upheld -Judgment for shipowners against Crown.

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

(1929) 34 Ll.L.Rep. 201

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.

VERREN v. ANGLO-DUTCH BRICK COMPANY (1927), LTD.

(1929) 34 Ll.L.Rep. 210

Charter-party-Demurrage-"Cargo to be loaded and discharged together within five reversible working days. Time to commence from first high water at or off loading or discharging berth. . . . Any days saved on this charter are to be deducted from" owners' claim for demurrage under earlier charter-Construction -Meaning of "reversible" -Exclusion of "calendar days" discussed -

THE "ETHEL EVERARD."

(1929) 34 Ll.L.Rep. 214

Salvage-Services rendered by motor boats and lifeboat to sailing barge in distress off Margate-Anchor lost and steering gear deranged-Barge brought into harbour-Damage to motor boat- £250 awarded on salved values of £1589.

THE "MARIGOLA."

(1929) 34 Ll.L.Rep. 217

Collision between steamships off Dover during dense fog-Plaintiff vessel seriously damaged-Navigation at full speed for Dover Harbour-Further damage by collision with mole and grounding-Defendant vessel liable for sea collision on ground of excessive speed-Liability for subsequent damage -Chain of causation-Whether master of plaintiff vessel had time for deliberate action-"Agony of collision" -

THE "OVID."

(1929) 34 Ll.L.Rep. 224

Negligent navigation-Damage to steamship by collision with dock wall- Steamship, navigating in dock, hampered by movements of barge-Duty of barge to have held back-Judgment for steamship.

THE "ADJUTANT."

(1929) 34 Ll.L.Rep. 227

Salvage-Services rendered by tugs to steamship aground in River Tees- Possibility of weather changing and of position of danger arising-Useful services without substantial danger to tugs-£1100 awarded on salved values of £22,500.

COSMOPOLITAN SHIPPING COMPANY v. HATTON & COOKSON. (THE "ROSTELLAN.")

(1929) 34 Ll.L.Rep. 231

Bill of lading-Freight payable in advance -Loss of sailing vessel-Unseaworthiness or perils of the sea-Findings: (1) that vessel had foul bottom adding substantially to length of voyage; (2) that cargo was badly stowed; (3) that vessel was strained and leaky; (4) that rudder was worm-eaten and rotten; and (5) that vessel had defective and insufficient sails-Unseaworthiness -Clause exempting shipowners from liability for loss or damage due to unseaworthiness if reasonable steps taken to provide against such unseaworthiness-Breach of implied warranty of seaworthiness-Non-applicability of exception clause- Counterclaim by cargo-owners for loss of cargo-Judgment for cargo-owners on claim and counterclaim.

BARROW, LANE & BALLARD, LTD. v. GILBERT J. McCAUL & CO.

(1929) 34 Ll.L.Rep. 242

Sale of goods-Non-delivery-Claim to recover purchase money in respect of goods undelivered-"Lot 7 E.C.P. 700 bags about 25 tons of Chinese groundnuts . . . lying at National Wharves . . ."-Parcel of goods identified and identifiable-Bags heaped together in two indiscriminate piles-Fraud of third party-Non-existence of subject-matter at time contract entered into- Judgment for plaintiffs.

WILLIAM BARKER, JNR., & CO., LTD. v. BLUMENTHAL.

(1929) 34 Ll.L.Rep. 245

Charter-party-Dead freight-Agreement by charterers to load full and complete cargo of coal, within limits of 2050/2300 tons-Brown coal loaded-Inability of ship to carry tonnage within limits- Freight upon an extra 372 tons paid by charterers in discharge of shipowner's lien upon cargo for dead freight-

NEWSHOLME BROTHERS v. ROAD TRANSPORT AND GENERAL INSURANCE COMPANY, LTD.

(1929) 34 Ll.L.Rep. 247

Insurance (motor car)-Damage to omnibus by fire-Claim-Defence of non-disclosure and misrepresentation- Finding of fact by arbitrator that proposal form contained misstatements and concealed important facts-Form (addressed to assured) filled up by insurance agent and signed by assured -Full information given to insurance agent-Proposal to be the basis of the contract - Inadmissibility of verbal evidence to vary written contract- Insurance agent held to be the agent of the assured-Biggar's case, [1902] 1 K.B. 516, approved-Judgment for insurance company-Appeal dismissed.

DAMPSKIBSSELSKABET SVENDBORG v. LONDON MIDLAND & SCOTTISH RAILWAY COMPANY AND DENNY, MOTT & DICKSON, LTD.

(1929) 34 Ll.L.Rep. 259

Charter-party - Discharging expenses (timber) at Garston Docks-Apportionment between shipowners and consignees - "Baltwood" charter-party, Clause 15: "The shipowner's liability shall cease at the port of discharge when the cargo is discharged at the ship's rail if discharged by hand or within reach of the ship's tackle or shore crane tackle if thereby discharged . . . The cargo shall, however, be discharged by the vessel in the customary manner . . . into . . . wagons. . . . For any work done by the vessel at the port of discharge beyond delivering cargo at the ship's rail if discharged by hand, or within reach of the ship's tackle or of the shore crane tackle if thereby discharged, the consignees shall pay to the shipowner the cost thereof plus 15 per cent. on the amount thereof. . ." -Construction - Meaning of "discharge" -

LIGHT SHIPPING COMPANY, LTD. v. SOUTH METROPOLITAN GAS COMPANY.

(1929) 34 Ll.L.Rep. 268

Negligence-Damage to steamship at berth -Defective berth-Damages-Reference -Objection to Registrar's report- Proof of damage-Cost of drydocking -Discretion of Registrar-Failure of plaintiffs to prove considerable part of damages claimed-Costs.

THE "ROYSTON GRANGE."

(1929) 34 Ll.L.Rep. 270

Collision between steamships in River Plate during fog-Plaintiff vessel moving into navigable channel after being aground-Failure to sound signal for vessel under way-Defendant vessel navigated in face of obvious danger- Failure to take off way-Both vessels found to blame.

BELLAMY'S WHARF & DOCK, LTD. v. FIELD & CO. (FRUIT MERCHANTS), LTD.

(1929) 34 Ll.L.Rep. 274

Wharfingers-Charges (dates)-Overside delivery-"The ship's agent shall have the right to land cargo at the risk and expense of consignees, in which case the usual charge for landing shall be payable by consignees before delivery of the goods . . . ."-Cargo badly stowed- Necessity for landing and sorting- Claim by wharfingers against consignees -Knowledge of consignees that charge would be made-Custom of trade in London-Meaning of "usual" -Judgment for wharfingers.

WADSWORTH LIGHTERAGE & COALING COMPANY, LTD. v. SEA INSURANCE COMPANY, LTD.

(1929) 34 Ll.L.Rep. 285

Marine insurance-Sinking of steam barge in Coburg Dock, Liverpool-Claim- "This insurance is against the risks of total and/or constructive and/or arranged loss, including general average and salvage and damage to such vessel by collision with any other vessel, or with any fixed, floating or other object, or by fire, lightning, stranding, or sinking"-Construction -Marine Insurance Act, 1906, Sect. 55 (2) (c)-

THE "TERN."

(1929) 34 Ll.L.Rep. 291

Collision between barge (in tow) and steamship in Lower Pool, River Thames- Barge proceeding up on south side of river-Breach of regulation-Steamship navigated with care-Thames By-Laws, 1914-1926, No. 33-Judgment for steamship.

THE "CULMORE."

(1929) 34 Ll.L.Rep. 295

Salvage-Services rendered by motor boats and lifeboat to steamship aground on Goodwin Sands-Danger of vessel going further aground -Vessel floated -£400 awarded on salved values of £8120.

THE "MARIGOLA."

(1929) 34 Ll.L.Rep. 298

Collision between steamships off Dover during dense fog - Plaintiff vessel seriously damaged-Navigation at full speed for Dover Harbour-Further damage by collision with mole and grounding-Defendant vessel liable for sea collision on ground of excessive speed - Liability for subsequent damage-Chain of causation-Whether master of plaintiff vessel had time for deliberate action-"Agony of collision" -

THE "STANTON."

(1929) 34 Ll.L.Rep. 299

Collision between dumb barge (in tow) and steamship in Lower Pool, River Thames-Conflict as to place of collision -Finding that vessels collided on south side of river-Barge on wrong side of river-Judgment for steamship.

THE "HAZEL BRANCH."

(1929) 34 Ll.L.Rep. 301

Salvage-Services rendered in Atlantic Ocean by steamship to steamship with disabled engines-Towage of 1645 miles, occupying over nine days-Favourable weather-Risk to salved property- Disabled steamship in wireless communication with other steamships- £8500 awarded on salved values of £158,500.

GABRIEL, WADE & ENGLISH, LTD. v. ARCOS, LTD.

(1929) 34 Ll.L.Rep. 306

Sale of goods-Delivery-"About 1000 standards of wood goods . . . about 85 per cent. redwood and about 15 per cent. whitewood"-Excess of whitewood delivered-Remedies of buyers- Effect of excess delivery-

J. W. MITCHELL, LTD. v. IVAN PEDERSEN, LTD.

(1929) 34 Ll.L.Rep. 310

Contract - Banking - Establishment of credit by plaintiffs in favour of defendants -Disputed period of credit-Six months or twelve months-Compromise at end of six months-Interdependent obligations-Failure of defendants to repay loan on due date-

CLYDE NAVIGATION TRUSTEES v. BOWRING STEAMSHIP COMPANY.

(1929) 34 Ll.L.Rep. 319

Collision-Damages-Measure-Total loss of hopper barge in River Clyde- Replacement value and loss of use of barge-Principle to be applied where no market for type of barge in question -Restitutio in integrum-Claimants awarded (1) cost of reasonably efficient second-hand barge; (2) cost of adaptation for special purpose; and (3) compensation for loss of use of barge for two years from date of collision- Appeal dismissed.

UNITED SHIPPING COMPANY, LTD. v. ASSICURAZIONI GENERALI.

(1929) 34 Ll.L.Rep. 323

Ship-Classification-Insurance (marine) -Liabilities of Italian insurance companies under policies guaranteed by defendants-"The assured is obliged under penalty of forfeiture of the benefits accrued from the present insurance to maintain the steamer during the year of insurance in the first class of the Registro Italiano or other equivalent register recognised by the underwriters" -Alleged breach of condition -Vessel registered with British Corporation -Periodical survey-Failure to carry out requisite classification repairs - Automatic suspension of classification certificate-Effect of suspension -Temporary repairs effected- Interim certificate of seaworthiness granted by Corporation surveyor for particular voyage - Heavy weather damage sustained during voyage - Effect of certificate upon suspension- Discretion of classification society- Evidence that vessel was treated by Corporation as "in class"-

THE "LOCKWELL."

(1929) 34 Ll.L.Rep. 331

Salvage-Services rendered by steamship off St. Catherine's Point to steamship "not under control"-Loss of propeller -Probable risk of going ashore - Towage to Southampton Water (off Hamble) - £3000 awarded on salved values of £34,500.

THE "TABORA."

(1929) 34 Ll.L.Rep. 335

Salvage-Services rendered by steamship to steamship off Finisterre-Loss of propeller - Towage to Bilbao - £2500 awarded on salved values of £10,100.

BREWSTER & CO. (WOKING), LTD. v. BECKETT AND ANOTHER.

(1929) 34 Ll.L.Rep. 337

Bill of lading-Loss of and damage to timber-Claim against lightermen and against shipowners-Discharge into lighters from steamship in River Thames-Bad stowage-Lighters top-heavy -Overloading amounting to unseaworthiness -Doctrine of unseaworthiness by stages-Sufficient craft supplied-Liability of shipowners for lightermen's negligence-Custom of the port (London)-Cargo-owners not responsible for method of stowage- Lightermen protected by London Lighterage Clause-Judgment for cargo-owners against shipowners.

ST. JUST STEAM SHIP COMPANY, LTD. v. HARTLEPOOL PORT & HARBOUR COMMISSIONERS.

(1929) 34 Ll.L.Rep. 344

Docks, Harbours, &c. - Negligence - Damage to plaintiffs' steamship by contact with sunken wreck - Vessel sunk 12 years previously-Knowledge of harbour authority - Duty of authority at common law and under private Act-Liability of authority where "unjustifiably ignorant" of obstruction-Failure of harbour authority to exercise reasonable care and skill in identifying position of and in dispersing wreck - Judgment for plaintiffs.

BURLEY, LTD. v. LLOYD, LTD.

(1929) 34 Ll.L.Rep. 350

Negligence-Damage to plaintiffs' sailing barge in Milton Creek - Grounding upon wooden frame covering pipes in river bed-Work licensed by Milton Creek Conservators - Misfeasance - Creation of obstruction and nuisance by defendants-Absence of sufficient warning or notice - Reasonable care exercised by plaintiffs - Director of plaintiff company also member of Conservancy Board when plans authorised -Whether plaintiffs had constructive notice of nuisance - Private Act as justifying infringement of public rights -Onus of proof - Judgment for plaintiffs.

TEXAS GULF SULPHUR COMPANY v. KOKUSAI KISEN KABUSHIKI KAISHA.

(1929) 34 Ll.L.Rep. 356

Charter-party-Unseaworthiness-Damage to sulphur cargo by fire and water- Limitation of liability under Fire Statute-Construction-Breach of implied warranty of seaworthiness at commencement of voyage-Negligence of agents of shipowner - Inapplicability of Fire Statute.

URQUHART v. CLARK AND OTHERS; SAME v. STRACEY AND OTHERS.

(1929) 34 Ll.L.Rep. 359

Company-Prospectus-Misrepresentation -Claim by debenture-holder (plaintiff) against directors (1) in respect of fraudulent misrepresentation; (2) on ground of conspiracy; and (3) under Sect. 84 of the Companies (Consolidation) Act, 1908-On submission by defendants, held by trial Judge that there was no case against "A" group of directors; as against "B" group that there was a case in respect of (1)- Appeal by plaintiff-Amendment of defence and payment into Court by "B" group in respect of (1)-Acceptance by plaintiff in satisfaction of claim (1) - Effect upon plaintiff's rights-Measure of damages under (1), (2) and (3)-Costs.

THE "MANSEPOOL."

(1929) 34 Ll.L.Rep. 378

Collision between steamships in English Channel-Vessels on crossing courses- Collision Regulations, Arts. 19, 21- Failure of give-way (plaintiff) ship to give way-Alteration of course at two miles distance-Duty to signal change of helm-Duty of stand-on (defendant) vessel where give-way vessel unable by her own action to avoid collision- Erroneous action taken by stand-on vessel-Failure to take off way- Apportionment of blame: plaintiffs, three-fourths: defendants, one-fourth -Plaintiffs' appeal dismissed.

THE "CITY OF LANCASTER."

(1929) 34 Ll.L.Rep. 381

Salvage - Services rendered by seven tugs to damaged steamship grounded on West Oaze Sands-Services of six tugs admitted-Dismissal of seventh tug (K) by master of salved vessel after being told to stand by with her hose ready for service-Value of service which K was prevented from rendering -K awarded £400 out of total award of £8100-Appeal by K as "dispossessed salvor"-Question of amount-Rules the Court of Appeal applies-Appeal dismissed.

THE "PRINCESS."

(1929) 34 Ll.L.Rep. 383

Negligence - Damage to steamship - Sinking of defendants' barge alongside plaintiffs' steamship-Barge unattended -Fall of tide-Steamship at rest upon barge-Barge prima facie negligent-Defendants' plea of inevitable accident-Onus of proof-Sinking of barge due to collision with unknown vessel-Absence of riding light on barge -Breach of regulations-Thames By-laws, 1914-1926, No. 14-

THE "TOVARISCH."

(1929) 34 Ll.L.Rep. 386

Collision between steamship and barque in English Channel - Steamship sunk - Vessels in position to pass safely green to green - Collision Regulations, Art. 12: "Every vessel may, if necessary in order to attract attention, in addition to the lights which she is by these Rules required to carry, show a flare-up light"-Meaning of "flare-up light"-Exhibition by barque of green pyrotechnic light-

THE "PATANI" AND OTHERS.

(1929) 34 Ll.L.Rep. 394

Collision between lighter No. 12 and steamship Patani in River Thames-Plea by Patani that collision was due to negligent navigation of steamship Philomel and motor vessel Tower Bridge-Claims by lighter against Patani, Philomel and Tower Bridge and by Philomel against Patani and Tower Bridge- Negligent navigation of Tower Bridge on wrong side of river-Tower Bridge found alone to blame.

THE "CRISPIN."

(1929) 34 Ll.L.Rep. 400

Practice - Collision action settled - Damages agreed-Interest-Reference to Registrar-Delay in prosecution of action-Deduction of interest-Discretion of Registrar-Motion in objection to Registrar's report dismissed.

THE "RUAPEHU."

(1929) 34 Ll.L.Rep. 402

Limitation of liability-Dock-owners-Fire damage to steamship in Blackwall Dry Dock-Right of dock-owners to limit liability "within the area over which such dock . . . owner . . . performs any duty or exercises any power"-Dock-owners' alleged "controlling interest" in Falmouth Dock-Whether Falmouth Dock to be taken into account-Meaning of "the area"-Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sect. 2-

THE "J. & J. MONKS."

(1929) 34 Ll.L.Rep. 404

Collision between auxiliary motor schooner and steamship in Carlingford Lough-Schooner at anchor- Allegation that schooner was riding without lights and that collision was inevitable-Whether steamship should have seen schooner even with no lights-Schooner's case not made out- Judgment for steamship.

THE "GLENLUCE."

(1929) 34 Ll.L.Rep. 407

Practice-Collision action-Application by defendants to stay proceedings-Action already commenced by plaintiffs in Belgium -Vexatious proceedings-Action stayed pending proof of abandonment of action in Belgium.

PERRY & CO. (BOW), LTD. v. PORT ISAAC HARBOUR COMMISSIONERS.

(1929) 34 Ll.L.Rep. 411

Contract-Erection of breakwaters at Port Isaac Harbour-Tender dependent upon depth of excavation-Provision for excavation down to 30 in.-Work commenced-Subsequent discovery by contractors that further excavation was necessary-Impossibility of performance in way contemplated - Frustration - Rights of parties -

NEW LIVERPOOL-EASTHAM FERRY & HOTEL COMPANY v. OCEAN ACCIDENT & GUARANTEE CORPORATION, LTD.

(1929) 34 Ll.L.Rep. 421

Insurance (marine)-Barge, Damage to ground moorings of-Barge used as coal hulk-Claim-Non-disclosure- "Body, tackle, apparel, ordnance, munition, artillery, boat and other furniture of and in the" barge-Construction -Marine Insurance Act, 1906, Rule 15-

MAVER v. OWNERS OF THE STEAM TRAWLER "SOLON."

(1929) 34 Ll.L.Rep. 427

Workmen's compensation-Claim by dependants of deceased seaman - Stranding of vessel after experiencing bad weather - Vessel abandoned by crew - Landing of crew - Death of seaman by exposure after immersion in stream-Whether employment had terminated-Finding of learned County Court Judge that death was due to an accident arising out of and in the course of the deceased's employment-Stranding as the "accident"-Question of fact- Award in favour of dependants upheld.

TRADING COMPANY L. & J. HOFF v. UNION INSURANCE SOCIETY OF CANTON, LTD., & C. I. DE ROUGEMONT.

(1929) 34 Ll.L.Rep. 430

Costs-Charging order-Appeal-Security ordered-Bill of costs put forward by successful respondents less than amount paid in by way of security-Reduction of bill of costs on taxation-Right to balance-Priority of application.

COMPANIA MEXICANA DE PETROLEO EL AGUILA S.A. v. ESSEX TRANSPORT & TRADING COMPANY, LTD.

(1929) 34 Ll.L.Rep. 431

Practice-Amendment of counterclaim after judgment upon question of liability-Addition to particulars of damage-Loss of ship by fire-Claim by ship's agents for (1) disbursements; (2) salvage expenses; and (3) amount paid in respect of personal injury and death claims-Counterclaim by shipowners for loss of ship-Judgment for shipowners on claim and counterclaim, subject to agents' claim for disbursements, amount to be fixed by a referee-On appeal, held that the learned Judge had jurisdiction to allow an amendment- R.S.C., Order XXVIII, r. 1-Costs.

THE "STILBE."

(1929) 34 Ll.L.Rep. 432

Collision between barges (in tow) and steamship (in tow) in Blackwall Reach, River Thames-Helm action by steamship to avoid lighter-Strong tide causing sheer into barges' water-Proper efforts by barges to avoid collision -Judgment for barges.

THE "DELTA."

(1929) 34 Ll.L.Rep. 436

Collision between steamships off mouth of River Tagus during fog-Sounding of long blasts-Relative positions not at first appreciated-Subsequent discovery of position of danger-Plaintiff vessel to blame for failing to stop on hearing vessel "apparently forward of her beam"-Defendant vessel to blame for taking helm action for plaintiff vessel, the course, speed and position of which were unknown-Apportionment: plaintiffs, one-third; defendants, two-thirds.

THE "ERIK BOYE."

(1929) 34 Ll.L.Rep. 442

Bill of lading-Damage to cargo (flour) by condensed moisture-Plea that damage was due to inherent vice-

DICKINSON v. DEL SOLAR (MOBILE & GENERAL INSURANCE COMPANY, LTD., THIRD PARTIES).

(1929) 34 Ll.L.Rep. 445

Ambassadors-Diplomatic privilege-Insurance (motor car)-Plaintiff knocked down and injured by car belonging to defendant (member of Peruvian Legation) -Claim-Entry of appearance by defendant-Insurance company as third parties-Defendant's right to be indemnified against legal liability to members of the public in respect of accidental personal injury, &c.- Defendant instructed by superior that plea of diplomatic immunity should not be raised-Waiver-Whether diplomatic agent under "legal liability"-

SEDGWICK, COLLINS & CO., LTD. v. HIGHTON AND OTHERS.

(1929) 34 Ll.L.Rep. 448

Insurance brokers-Premiums-Claim by brokers against agents of foreign principal and against principal-Insurance of property in Turkey-Instructions by principal to agents to insure against war risks for three months-Agents' instruction to brokers to "place one or three months as obtainable"-Insurance placed for one month - Liability of principal - Whether valid contract of insurance effected-Discretionary authority of agents-Ambiguity-Agency of necessity - Possibility of communication with principal - Subsequent seizure and sale procured by agents to secure payment of premiums-Act of British Government official-Whether agents liable-Proceeds paid into Court-

PORTSMOUTH STEAMSHIP COMPANY, LTD. v. LIVERPOOL & GLASGOW SALVAGE ASSOCIATION.

(1929) 34 Ll.L.Rep. 459

Charter-party-Damage to steamship- Hire to salvage association for carriage of cargo from stranded vessel-Claims in respect of (1) damage due to oil escaped from leaky barrels; (2) damage to beams and hatches in loading of logs and barrels; (3) damage arising out of leakage of fuel oil from forepeak tank -"The captain . . . shall follow the instructions of the charterers, who will furnish him . . . with the necessary sailing directions . . . The charterers hereby agree to indemnify the owners from any consequences, or liabilities that may arise from the captain following the charterers' instructions . . ." -Construction - Captain's position considered-

IN RE HOME & COLONIAL INSURANCE COMPANY, LTD.

(1929) 34 Ll.L.Rep. 463

Company - Liquidator - Misfeasance - Liabilities of liquidated company under reinsurance contracts not embodied in stamped policies-Wrongful admission of claims by liquidator - Account stated -

Lloyd's Law Reports