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THE "CRISTINA" AND OTHER VESSELS.

(1937) 59 L1.L.Rep. 1

International law - Ship - Arrest of Spanish steamship Cristina by owners-Writ in rem-Motion by Spanish Government to set aside writ and arrest - Plea that Spanish Government by decree had requisitioned the vessel; and that the owners' writ thereby impleaded the Spanish Government and must therefore be set aside-Vessel outside Spanish territorial waters at time of decree-Extraterritorial jurisdiction of Sovereign State.

THE "YARANA" AND THE "BEE."

(1937) 59 L1.L.Rep. 7

Collision between plaintiffs' barge Botha and first defendants' sailing barge Yarana in No. 2 archway of Waterloo Bridge, River Thames-Botha moored -Archway closed to river traffic-Second defendants' tug Bee (stationed off Waterloo Bridge for that purpose) engaged in taking Yarana up river through bridge-Bee breasted to Yarana-Intention of Bee to take Yarana through No. 1 archway-Misunderstanding by Yarana of intended manoeuvres by Bee-Belief by Yarana that it was intended that she should make for No. 4 arch-Parting of breast rope-Collision between Yarana and Botha-Botha admittedly free from blame-Responsibility for collision.

JONES v. WELSH INSURANCE CORPORATION, LTD.

(1937) 59 L1.L.Rep. 13

Motor insurance - Policy - Third party risks-Extent of cover-Car insured by T (motor engineer) with defendant company-"The company shall not be liable in respect of any claim arising: 1. While any motor vehicle in connection with which insurance is granted under this policy is (a) Being used otherwise than in accordance with the 'Description of Use' contained in this policy"-"Description of Use: In respect of vehicles described in such schedule use for social domestic and pleasure purposes and use by the insured in person in connection with his business or profession as stated in such schedule but excluding always . . . (c) Use for the carriage of goods or samples in connection with any trade or business"-Plaintiff injured in accident with T's car-Car being driven by T's brother for conveyance of sheep belonging to T-Sheep-farming by T as spare time occupation-whether a hobby or a trade or business -"Physical characteristics of the goods that the vehicle carries"-T successfully sued by plaintiff-Judgment unsatisfied - Action now brought against defendant company-Road Traffic Act, 1934, Sects. 10 (1), 12 (d).

THE "NAVEMAR."

(1937) 59 L1.L.Rep. 17

International law-Ship-Confiscation by Spanish Republic of Spanish vessel in American waters-Libel for possession brought by owners-Contention on behalf of Spanish Republic that when libel was filed, the vessel was in the possession of the Spanish Republic and subject to its direction and control for use in the national public service, and that accordingly the vessel was not subject to process in the American Courts without the consent of the Spanish Republic and in the absence of such consent was immune from any such process-Vessel on time charter to American corporation, charter at time of alleged seizure still having six months to run-Edict of Spanish Republic authorising seizure on their behalf-Evidence of indorsements on the ship's roll and ship's register by Spanish Government representatives at Rosario and Buenos Aires, in accordance with edict, before arrival in American waters-Forcible seizure by crew on arrival in American waters-Effect - Legality - Jurisdiction of American Courts.

STUDEBAKER DISTRIBUTORS, LTD. v. CHARLTON STEAM SHIPPING COMPANY, LTD.

(1937) 59 L1.L.Rep. 23

Bill of lading-Damage to cargo (unboxed motor cars)-Bad stowage-Unseaworthiness - Claim by consignees - Liability of shipowners - Exception clauses in bill of lading - "If the vessel completes her loading at this port under the inspection of a surveyor of the Board of Underwriters of New York, and receives the certificate of such survey certifying that the vessel has conformed to the rules of the Board of Underwriters of New York in relation thereto, such certificate issued in the usual form shall be accepted by the shipper, owner and consignees of the goods, as conclusive evidence that the vessel has been properly prepared in every way for cargo and that these goods and all other cargo on board have been properly dunnaged and stowed, notwithstanding such certificate merely recites that the vessel has completed loading under said inspection and has conformed to the rules referred to above"-Certificate issued - Further clause providing that "it is agreed and understood that the value of each package shipped hereunder does not exceed the sum of 250 dols."-Whether clause void under Harter Act-Meaning of "package"-Whether including unboxed motor cars-Preliminary points of law.

R. & W. PAUL, LTD. v. NATIONAL STEAMSHIP COMPANY, LTD.

(1937) 59 L1.L.Rep. 28

Bill of lading-Damage to cargo (maize) by heating-Unseaworthiness or inherent vice-Claim by plaintiffs as endorsees, alternatively as holders, of bills of lading, against shipowners-Cargo bought by plaintiffs from B & Co., who had bought direct or indirect from shippers-London Corn Trade Association La Plata Grain Contract (Rye Terms)-Deficiency clause: "Any deficiency on bill of lading weight to be paid for by seller and any excess over bill of lading weight to be paid for by buyer, at contract price. The whole shipment to be weighed"-Rye Terms clause: "Condition guaranteed on arrival (subject to any country damaged grain in the fair average quality of the season's crop). Slight dry warmth not injuring the grain not to be objected to, but damage by sea water or otherwise, to be taken by buyer with an allowance for deterioration (except for country damaged as above), calculated on a percentage based on contract price, to be fixed by arbitration in London, according to the arbitration rule endorsed hereon. Samples to be taken and sealed at port of discharge jointly by the agents of the shippers, and of the holders of the bill of lading or shipper's delivery order"-Right of plaintiffs to sue-Passing of property-Bills of Lading Act, 1855-Measure of damages-Unseaworthiness -Evidence of unfitness of vessel for carriage of maize-Unsheathed engine-room bulkhead-Steam pipes in tunnel-Inference to be drawn from locality of damage.

ELLIOTT STEAM TUG CO., LTD. v. NEW MEDWAY STEAM PACKET CO., LTD.

(1937) 59 L1.L.Rep. 35

Towage-Contract-Breach-Agreement by plaintiff tug company to tow defendants' concrete lighter from berth at West Mersea to Chatham Buoys-Arrival of plaintiffs' tug off West Mersea-Impracticable to reach lighter-Insufficient water except at high tide-Difficult approach-No steps taken by defendants to bring lighter to position where she could be taken in tow by plaintiffs' tug-Attempt to tow abandoned by tugmaster - Second agreement entered into between plaintiffs and defendants-Smaller tug supplied-Inability to shift lighter from berth owing to presence of sandbank at stern-Claim by plaintiffs for damages and for demurrage.

"NORDBORG" (OWNERS) v. C. P. SHERWOOD & CO.

(1937) 59 L1.L.Rep. 40

Bill of lading-Freight-Short delivery-Over delivery - Cargo of redwood shipped under 12 bills of lading-Admitted short delivery under four and over delivery under seven-Claim by shipowners for balance of freight-Counterclaim by consignees in respect of short delivery-Reply by shipowners that they should be credited with over deliveries accepted by consignees, which admittedly exceeded value of short deliveries.

PURVIS v. LONDON MIDLAND & SCOTTISH RAILWAY COMPANY.

(1937) 59 L1.L.Rep. 43

Workmen's compensation-Declaration of liability-Accident to appellant in 1926 while in respondents' employ-Hernia-Compensation paid-Return to work-Second accident in 1935-Strained back-Compensation paid-Subsequent application for an award in respect of both accidents - Denial by respondents that any existing incapacity resulted from either accident - Contention that appellant had unreasonably refused to undergo an operation for hernia - Whether a refusal to be effective for such a plea must be a refusal of an offer made by the employer - Submission by respondents to declaration of liability--Award made by learned County Court Judge in favour of respondents -Parties not present when judgment delivered-No reference to declaration of liability.

THE "CRISTINA" AND OTHER VESSELS.

(1937) 59 L1.L.Rep. 47

International law - Ship - Arrest of Spanish steamship Cristina by owners-Writ in rem-Motion by Spanish Government to set aside writ and arrest - Plea that Spanish Government by decree had requisitioned the vessel; and that the owners' writ thereby impleaded the Spanish Government and must therefore be set aside - Vessel outside Spanish territorial waters at time of decree-Extraterritorial jurisdiction of Sovereign State.

CLARK v. STEPHENS, SUTTON, LTD.

(1937) 59 L1.L.Rep. 52

Workmen's compensation-Accident arising out of and in the course of the workman's employment-Sphere of employment - Respondent coal trimmer employed by appellants on board their steamship Rothley at Barry Dock - Respondent injured through tripping over wire hawser stretching across road providing egress from docks-Evidence that docks were the private property of the Great Western Railway Company, but that the road in question was regularly used both by workers in the docks and by members of the general public-Finding of learned County Court Judge that the respondent was entitled to recover by reason of the fact that the dock premises were private property, and that his right was not affected by reason of the user of the road by the general public-Whether a distinction should be drawn between a case where the public use a road as mere licensees and a case where they use it by virtue of a public right of way.

WM. DOXFORD & SONS, LTD. v. FURNESS SHIPBUILDING COMPANY, LTD.

(1937) 59 L1.L.Rep. 58

Workmen's compensation - Indemnity - Right of employer to claim against third party - Services of appellants' workman (P) temporarily lent on hire to respondents-Hammer let fall by P, injuring H (also employed by appellants)-Compensation paid by appellants to H-Right of appellants to be indemnified by respondents-Workmen's Compensation Act, 1925, Sect. 5 (1): ". . . where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person" - Effect upon employer's right to indemnity under Sect. 30 - Finding of learned County Court Judge that appellants were not entitled to an indemnity on the ground that Sect. 5 established that P was the servant of appellants.

REED & SMITH, LTD. v. LYDDON & CO., LTD.

(1937) 59 L1.L.Rep. 62

Sale of goods (esparto grass) - Quality - Claim by buyers for an allowance-Arbitration - Evidence of defect in quality - "9. In the event of an arbitration on quality, fully half the parcel must be available for examination by the arbiters and oversmen"-Half of the parcel not available for examination - Contention by sellers that the fulfilment of Clause 9 constituted a condition precedent to the buyers' right to claim - Arbitrator's findings that no part of balance of grass available for examination was of contract quality; that from his long experience in that trade he was satisfied that the whole of the balance was of the same standard of quality as the amount available for examination; and that therefore no part of the shipment was of contract quality and the buyers had suffered damage; further, that the sellers had waived their right to set up Clause 9 as a bar to buyers' claim-Case stated.

BANK OF ATHENS v. ROYAL EXCHANGE ASSURANCE. (THE "EFTYCHIA.")

(1937) 59 L1.L.Rep. 67

Marine insurance-Scuttling-Stranding of Greek steamship Eftychia off Cape San Vito, Sicily-Claim by mortgagees to recover as for constructive total loss-Defence: that vessel was intentionally stranded by her master with the connivance of her owner-Onus of proof-Circumstances of casualty-Evidence of master that stranding was due to error in navigation-Master's knowledge of position of shoal on which vessel stranded-Inference to be drawn from circumstances of stranding-Gross error in estimation of distance from Cape San Vito lighthouse-Complicity of owner - Motive - Evidence of owner's financial embarrassment -Indebtedness to mortgagees - Owner's unsatisfactory demeanour in witness-box-Evidence that running of vessel had been an unprofitable enterprise.

WILSON v. WRIGHT.

(1937) 59 L1.L.Rep. 86

Sale of goods (f.o.b.)-Rejection-Offer of potatoes by seller to buyer "for Saturday's steamer . . . f.o.b. Belfast"-Reply by buyer: "Send [potatoes] next steamer"-Sale confirmed by seller "for shipment by the next steamer"-Next steamer due to leave on the next Saturday-Potatoes not shipped until following Tuesday-Rejection by buyer-Right to reject-Claim by seller for price-Sale of Goods Act, 1893, Sect. 11 (1) (b)-Decision of learned County Court Judge that buyer was not entitled to reject.

FINSKA ANGFARTYGS AKTIEBOLAGET AND OTHERS v. BARING BROS. & CO., LTD.

(1937) 59 L1.L.Rep. 88

Contract - Assignment - Requisition of Finnish vessels by Russian Government in 1916 and 1917-Vessels placed at disposal of British Government-Russian Government paid by British Government-Finnish shipowners not paid-Claim by Finnish shipowners against English bank who held funds deposited with them by Russian Government before Bolshevik Revolution-Part of funds standing to credit of separate account at bank entitled the Compte Spécial - Plaintiffs' allegation that they were legal assignees of specific parts of the Compte Spécial equal in amount to the sums due in respect of the vessels-Circumstances in which Compte Spécial came into existence-Procedure followed with regard to payments out of the Compte Spécial-Evidence of directions given by Russian Government Department concerning payments to be made to plaintiffs-Original documents or authenticated copies unobtainable-Admissibility of uncertified copies of acts of foreign State-Validity of assignment-Transaction between Russian subjects - Lex domicilii-Whether documents effected an assignment-Evidence Act, 1851, Sect. 7. Evidence Act, 1851-Acts of foreign State-Original documents or authenticated copies unobtainable-Admissibility of secondary evidence-Sect. 7.

HALL v. DE PASS FERTILISERS, LTD., AND FIRTH SHIPPING COMPANY, LTD.

(1937) 59 L1.L.Rep. 97

Negligence - Docks Regulations, 1934 - Personal injuries sustained by plaintiff ganger-Plaintiff, employed by first defendants, engaged in unloading second defendants' steamship Moray Firth at wharf under control of first defendants-Breaking of ladder from quay to ship - Evidence that ladder was in bad condition which would have been revealed by inspection-Dispute as to ownership of ladder - Duty of shipowners under Docks Regulations-"9. If a ship is lying at a wharf or quay for the purpose of loading or unloading or coaling, there shall be safe means of access for the use of persons employed at such times as they have to pass from the ship to the shore or from the shore to the ship as follows:- . . . (b) In other cases a ladder of sound material and adequate length which shall be properly secured to prevent slipping" - Proof of damages suffered.

BESSLER, WAECHTER, GLOVER & CO., LTD. v. SOUTH DERWENT COAL COMPANY, LTD.

(1937) 59 L1.L.Rep. 104

Contract-Sale of goods-Variation of terms of delivery - Contracts in writing for sale of coal: (1) providing for monthly deliveries from Jan. 1 to June 30, 1936; (2) providing for monthly deliveries from Apr. 1 to Dec. 31, 1936-Deliveries under contracts overlapping - Oral agreement between parties that deliveries under second contract would not begin until deliveries under first contract were finished, the balance undelivered on Dec. 31, 1936, to be delivered after that date-Delivery by sellers under second contract up to end of 1936-Refusal to make further deliveries-Claim by buyers for damages - Enforceability of oral agreement - Arbitration-Award upholding sellers' contention that the oral agreement was unenforceable against them as it was a parol variation of the contract which was required to be in writing-Sale of Goods Act, 1893, Sect. 4.

LAURO v. L. DREYFUS & CO.

(1937) 59 L1.L.Rep. 110

Charter-party-Dispatch money-Lay days-Balance of freight-Vessel chartered to proceed to India to load full cargo of groundnuts-Charterers' option to load East or West Coast-"(1) The master is to telegraph on his outward voyage from the last port of call on the way, the date of steamer's departure to 'Sesostris-London' and 'Sesostris-Madras' failing which a number of days equivalent to the number of passage days from the last port of call to Colombo are to be added to the lay days" - "(2) Charterers or their agents are to give orders for the first loading port at Colombo, same to be dispatched within 24 hours . . . of a cable from captain or agents that the steamer is ready and waiting to leave Colombo . . ."-"(15) For all time saved in loading owners to pay charterers £15 per day dispatch money, or pro rata for part of a day saved"-Letter from owner advising charterers that vessel had arrived at Massowah (her last port of call); that owner would telegraph her departure; and requesting information whether charterers intended loading on East or West Coast of India-Owner informed by charterers that first port of loading would be Masulipatam - Master instructed by owner to proceed direct to Masulipatam-Charterers informed of probable date of arrival-Date of steamer's departure from Massowah not telegraphed by master to charterers in accordance with Clause 1-Claim by owner for balance of freight-Counterclaim by charterers to dispatch money-Addition of lay days-Right of charterers to invoke Clause 1-Arbitration -Case stated.

THE "EL CONDADO."

(1937) 59 L1.L.Rep. 119

International law - Ship - Decree of Spanish Government requisitioning all vessels registered in Bilbao-Petition by pursuers, as owners of steamship El Condado, registered at Bilbao, craving the Court to interdict the master of the vessel from removing her from Greenock Harbour - Spanish Government and Spanish Ambassador in London joined as defenders-Vessel at time of requisition and since outside Spanish territorial waters-Claim by Spanish Government to possession-Immunity of foreign Sovereign State from legal process.

THE "SOUND FISHER."

(1937) 59 L1.L.Rep. 123

Bad berth-Damage to plaintiffs' steamship-Vessel grounded upon defendants' berth at Northfleet, River Thames-Allegation that berth was defective and that damage was sustained thereby-Evidence as to nature of berth-Possibility of damage from previous grounding in River Fergus-Onus of proof.

THE "GRAMPIAN."

(1937) 59 L1.L.Rep. 134

Collision between steamship Jersey Queen and steam trawler Grampian in River Humber in daylight-Both vessels outward bound, Grampian being ahead of Jersey Queen - Weather foggy in patches-Election by Grampian to anchor-Anchor dropped, vessel swinging across path of Jersey Queen-Signals-Duty of vessel following in such circumstances-Look-out-Humber Rules, 1910, Rule 14. Look-out-Foggy weather - Vessels on following courses-Election by vessel ahead to anchor-Respective duties.

THE "RITA GARCIA."

(1937) 59 L1.L.Rep. 140

International law-Ship-Writ in rem issued by owner of Spanish steamship Rita Garcia for possession of vessel-Motion by Spanish Government to set aside writ-Plea that vessel had been requisitioned by the Spanish Government; that the vessel at the time of the issue of the writ was in the possession of the Spanish Government; and that the Spanish Government was unwilling to submit to the jurisdiction of the English Courts.

D/S A/S GULNES v. IMPERIAL CHEMICAL INDUSTRIES, LTD.

(1937) 59 L1.L.Rep. 144

Charter-party - Frustration - Claim by owners for dead freight and demurrage-Vessel chartered to proceed to San Juan de Aznalfarache (Spain) and there load a cargo of ore-Loading to commence "after the steamer has reported at the Custom House, in free pratique, and the master has given written notice to the pier master, in office hours, that she is ready in every respect to load"-Marginal clause providing that "If steamer is detained at San Juan by any cause arising from the civil war in Spain, riots, strikes, etc., charterers agree to pay demurrage and/or dead freight"-Arrival of steamer at San Juan-Steamer seriously damaged by bomb from Spanish Government aeroplane-Notice of readiness not yet given by master-Vessel beyond repair-Liability of charterers for dead freight and demurrage.

PETERS v. GENERAL ACCIDENT, FIRE & LIFE ASSURANCE CORPORATION, LTD.

(1937) 59 L1.L.Rep. 148

Motor insurance-Accident-Liability of insurers-Policy taken out by C with defendant company-Sale of car by C to P-Plaintiff injured by reason of negligent driving of P-Judgment recovered against P-Judgment unsatisfied-Claim by plaintiff against defendant company under Sect. 10 (1) of the Road Traffic Act, 1934-Extension clause of policy covering "any person who is driving such vehicle on the policy-holder's order or with his permission" - Whether C retained any interest in car-Passing of property-Right of assignment of policy by assured to buyer of car.

THE "AIZKARAI MENDI."

(1937) 59 L1.L.Rep. 153

Collision between French steamship Borée and Spanish steamship Aizkarai Mendi in North Sea in thick fog-Vessels on approximately opposite courses - Borée sunk - British steamship Caduceus on course parallel to and slightly ahead of Borée-Passing of Aizkarai Mendi and Caduceus port to port-Whether Caduceus and Aizkarai Mendi starboarded to each other or whether only the Caduceus starboarded-Contention by Borée that Aizkarai Mendi in starboarding to the Caduceus brought herself into collision with the Borée-Contention by Aizkarai Mendi that she kept her course and that the Borée ported into her-Signals-Lookout -Speeds-Duty of vessels in fog-Collision Regulations, Art. 16.

"NEPTUN" (OWNERS) v. HUMBER CONSERVANCY BOARD.

(1937) 59 L1.L.Rep. 158

Rivers-Buoyage and beaconage authority - Duties - Stranding of plaintiffs' steamship Neptun in Whitton Channel, River Humber, vessel subsequently becoming total loss-Action brought by plaintiffs against Humber Conservancy Board-Contention by plaintiffs that defendant Board were negligent in that they failed in their duty as a buoyage and beaconage authority to exercise reasonable care in the performance of their functions as such an authority-Evidence that Board from time to time issued plans indicating a minimum depth of 3 ft. at low water ordinary spring tides throughout the Whitton Channel and that Board from time to time issued notices indicating that only 1 ft. was available-Plaintiffs' submission that, without any notice to the contrary, the Board impliedly warranted a minimum depth of 3 ft. - Evidence of manner in which the Board carried out their duties as a buoyage and beaconage authority-Soundings-Positioning of lights and buoys-Scope of Board's duties.

GAMECOCK STEAM TOWING COMPANY, LTD. v. TRADER NAVIGATION COMPANY, LTD.

(1937) 59 L1.L.Rep. 170

Towage-Contract-Agreement by plaintiffs to tow defendants' steamship (in damaged condition) from Dartmouth to Southampton-"No cure-no pay-no salvage"-"Any detention at Dartmouth, should the ship not be ready to be taken in tow on arrival of the tugs, to be paid at the rate of £25 per tug per day"-Arrival of tugs at Dartmouth on Apr. 2-Towage delayed until Apr. 4-Claim by plaintiffs for two days' detention-Vessel at her berth at Dartmouth-Whether implied that vessel should be in midstream, ready to be towed-Discovery upon leaving Dartmouth that vessel was leaking badly and that pumps would not keep water down-Decision to put into Portland for repairs-One of plaintiffs' tugs employed in pumping-Towage recommenced on Apr. 23-Whether plaintiffs entitled to detention while tug standing by-Tender by defendants of £160 for pumping services.

DANIOLOS v. BUNGE & CO., LTD.

(1937) 59 L1.L.Rep. 175

General average - Stranding - Claim by shipowner against cargo-owners to recover contribution in respect of extraordinary sacrifices and expenditure made by shipowner in refloating-Damage to hull and machinery-Danger of collision with passing vessels-Vessel on voyage to Randers-Stranding in Randers Fjord-Whether ship and cargo were in peril; and, if so, whether a general average act was performed-York-Antwerp Rules, 1924, Rule A.

PETROS M. NOMIKOS, LTD. v. ROBERTSON.

(1937) 59 L1.L.Rep. 182

Marine insurance-Freight policy-Institute Time Clauses (Freight):-

THE "NOWSHERA."

(1937) 59 L1.L.Rep. 187

Collision between American steamship American Farmer and British steamship Nowshera in Gallions Reach, River Thames-American Farmer, inward bound to Royal Albert Dock, having turned under port helm, lying on the south side of the river, slightly angled to the northward of a down-river heading; Nowshera, outward bound from King George V Dock, having turned in river under starboard helm, proceeding down river on her proper side-Collision between starboard quarter of Nowshera and stem of American Farmer-Duty of Nowshera as overtaking vessel-Whether American Farmer canted suddenly to port shortly before collision-Evidence of gyro-record of movements-Port of London River By-Laws, 1914-1934, Rule 23.

THE "CRANFORD."

(1937) 59 L1.L.Rep. 198

Collision between lighter Thames V (in tow of tug Security) and steamship Cranford in the Middelgat, River Scheldt-Tug and tow bound down; Cranford bound up-Ebb tide-Contact between stem of Cranford and port side amidships of lighter-Lighter sunk-Allegation by Cranford that lights of tug and tow were inefficient-Whether, as the Cranford said, the vessels were approaching safely green to green and the Security starboarded across her course, or, whether, as the Security said, the vessels were approaching red (of the Cranford) to green (of the Security)-Credibility-Look-out.

THE "HERANGER."

(1937) 59 L1.L.Rep. 203

Collision between British steamship Diamond and Norwegian motor vessel Heranger in Long Reach, River Thames-Diamond bound up; Heranger bound down-Contact between stem of Heranger and starboard side of Diamond-Diamond sunk, with loss of master and seaman-Diamond, on voyage between wharves just over a mile apart on the south shore, proceeding up on south side-Whether a special circumstance under Rule 33 of the Port of London River By-laws, 1914-1934-Duty under by-law-Whether Heranger entitled to expect that Diamond would comply with by-law-Duty of Heranger-Whether she should have reduced her speed sooner-Dispute as to whistle signals sounded by the Diamond; and as to the position of the vessels when the signals were sounded and when the Heranger first took action to reduce her speed.

THE "EURYMEDON."

(1937) 59 L1.L.Rep. 214

Collision between steamship Corstar and motor vessel Eurymedon in Long Reach, River Thames-Corstar at anchor; Eurymedon bound up-Flood tide-Collision between port side of Eurymedon and port counter of Corstar, followed by collision between stem of Eurymedon and starboard side of steamer Corchester, lying alongside jetty on north side of river-Whether Corstar's anchor lights were burning properly - Dispute as to position of Corstar - Eurymedon's speed-Contributory negligence.

HURLEY v. PORT OF LONDON AUTHORITY AND ANOTHER.

(1937) 59 L1.L.Rep. 224

Negligence-Breach of statutory duty-Lighterman killed while engaged in discharging steamship at second defendants wharf-Use of crane belonging to first defendants-Snapping of wire ropes causing jib to fall-Responsibility for condition of crane-Obligation of first defendants to keep crane in effective condition-Duty of inspection in accordance with Docks Regulations-Evidence as to lack of lubrication-Whether snapping of wire ropes due to latent defect-Claim by dependant under. Fatal Accidents Acts-Further claim for damages in respect of loss of expectation of life under Law Reform (Miscellaneous Provisions) Act, 1934.

THE "VALVERDA."

(1937) 59 L1.L.Rep. 231

Salvage-His Majesty's ships as salvors-Services rendered by his Majesty's ships Frobisher (cruiser), Guardian (cruiser), Sandboy (tug), Creole (yard craft) and Orangeleaf (fleet auxiliary) to motor vessel Valverda in Atlantic-Vessel towed 900 miles to Bermuda-Admiralty Form of Salvage Agreement entered into between Admiralty and owners of Valverda-Salvage services admitted-Award-Case stated-Question for opinion of Court: "Whether . . . the Admiralty are entitled in law to salvage remuneration in respect of the services of H.M.S. Frobisher, H.M.S. Guardian and R.F.A. Orangeleaf" -Merchant Shipping Act, 1894, Sect. 557 (1): "Where salvage services are rendered by any ship belonging to Her Majesty or by the commander or crew thereof, no claim shall be allowed for any loss, damage, or risk caused to the ship or her stores, tackle, or furniture, or for the use of any stores or other articles belonging to Her Majesty, supplied in order to effect those services, or for any other expense or loss sustained by Her Majesty by reason of that service, and no claim for salvage services by the commander or crew, or part of the crew of any of Her Majesty's ships shall be finally adjudicated upon, unless the consent of the Admiralty to the prosecution of that claim is proved"-Contentions by Admiralty: (a) that the operation of Sect. 557 (1) was excluded and superseded by the salvage agreement; (b) that the agreement in question was not a salvage agreement in that provision was made for remuneration in the event of non-success; (c) that Sect. 557 (1) did not exclude every claim to salvage remuneration, as, for example, the use of the salving vessel-Merchant Shipping (Salvage) Act, 1916, Sect. 1.

THE "UMTALI."

(1937) 59 L1.L.Rep. 250

Collision between steamship Corrientes and steamship Umtali in St. Clement's Reach, River Thames, a little below Stone Ness Point, in daylight - Corrientes bound up; Umtali bound down - Contact between stem of Umtali and port side of Corrientes-Allegation by Corrientes that the vessels being in a position to pass port to port, the Umtali negligently ported into her-Allegation by Umtali that the Corrientes, proceeding up on the southerly side of mid-channel and having accepted the Umtali's invitation to pass starboard to starboard, suddenly altered course to starboard-Dispute as to position of Corrientes; as to whistle signals given and heard by each vessel; as to place of collision; as to heading of vessels at collision; and as to speed of Umtali-Duty of vessels under by-laws-Port of London River By-laws, 1914-1934, Rule 33-Port of London River (Amendment) By-laws, 1934, Rule 4 (a) - Decision of Bucknill, J., that vessels were equally to blame-Cross-appeals.

THE "MINT."

(1937) 59 L1.L.Rep. 257

Ship-Limitation of liability-Collision between steam drifter Mint and sailing barge Olive Mary in North Sea-Claim for limitation by owners of Mint (five part owners) - Collision admittedly due to "actual fault or privity" of master and mate of Mint (part owners)-Merchant Shipping Act, 1894, Sects. 503, 504.

TURNER v. TOWER STEAMSHIP COMPANY, LTD.

(1937) 59 L1.L.Rep. 259

Negligence-Personal injuries sustained by plaintiff stevedore while working in defendants' steamship - Collapse of shifting boards and supports - Uprights improperly secured-Alleged breach of duty by defendants to take reasonable care that the premises were safe-Evidence that shifting boards and supports were erected in accordance with Australian regulations and to the satisfaction of an Australian Government surveyor-Whether defendants were thereby absolved from responsibility - Plaintiff awarded £7500 by jury-

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