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IMPERIAL SMELTING CORPORATION, LTD. v. JOSEPH CONSTANTINE STEAMSHIP LINE, LTD.

(1941) 70 Ll.L.Rep. 1

Charter-party - Frustration - Impossibility of performance-Explosion on board - Charter of vessel Kingswood to load cargo at Port Pirie-Arrival in Port Pirie Roads - Violent explosion in auxiliary boiler before vessel became "an arrived ship" - Agreement between parties that delay caused by resultant damage was such as to frustrate commercial object of adventure- Claim by charterers for damages for failure to load-Plea by shipowners that contract was frustrated and that they were thereby relieved from liability - Arbitration - Finding of arbitrator that "the explosion was one of an unprecedented character and no sequence of events which was other than improbable was suggested as capable of having given rise to it"-Award that charterers were entitled to recover -Case stated-Discharge of contract by supervening impossibility-Onus of proof-Whether, as shipowners contended, they were excused unless frustration was proved to be self-induced; or whether, as charterers contended, the shipowners were not excused unless frustration was proved not to be self-induced.

FIBROSA SPOLKA AKCYINA (OTHERWISE FIBROSA SOCIETE ANONYME) v. FAIRBAIRN LAWSON COMBE BARBOUR, LTD.

(1941) 70 Ll.L.Rep. 30

Contract-Frustration-Sale of machinery in July, 1939, by defendants (English company) to plaintiffs (Lithuanian company)-Machinery to be delivered c.i.f. Polish port-Poland occupied by Germans in September, 1939-Sellers informed by buyers that they were willing to take substituted delivery at Riga or Leeds-Contract repudiated by sellers-£1000 (part of purchase price) paid by buyers before repudiation-Clause 7 of contract providing that "Should the despatch be hindered or delayed . . . by any cause whatsoever beyond our reasonable control, including . . . war . . . a reasonable extension of time shall be granted"-Claim by buyers for damages for breach of contract; alternatively, for specific performance- Whether buyers entitled to waive mode of delivery-Passing of property -Right of buyers to return of £1000 paid-Trading with the Enemy Act, 1939.

THE "HEEMSKERK."

(1941) 70 Ll.L.Rep. 35

Salvage-Stranding-Services rendered by tug Richard Lee Barber and motor lifeboat Louisa Stevens to Dutch motor vessel Heemskerk aground on Scroby Sands-Crew taken to Yarmouth by lifeboat-Vessel, subsequently found to have refloated and to be drifting, boarded by lifeboatmen, who were instrumental in making fast to tug- Vessel towed by tug seven miles to Yarmouth-Risk to salved and salving vessels.

THE "HELDER."

(1941) 70 Ll.L.Rep. 40

Negligent navigation-Collision between steamships British Mariner and Botlea in Sea Reach, River Thames-British Mariner bound up-Steamship Helder, also bound up, navigating on starboard side of British Mariner-Both vessels making for examination vessel-Botlea anchored on flood tide about two cables above examination vessel-Clearance obtained first by Helder - British Mariner's engines stopped to avoid Helder-Drift on to stem of Botlea- Unsuccessful attempt by full ahead engine action and hard-a-starboard helm action to swing her stern clear of Botlea-Plea by British Mariner that collision was due to the Helder negligently cutting across her bows.

DOCHERTY v. MILLER.

(1941) 70 Ll.L.Rep. 44

Negligence-Personal injuries sustained by plaintiff (marine engineer) - Licensee-Duty of occupier-Plaintiff employed by G.-G.'s tug at defendant's wharf for overhaul-Plaintiff on board for work on engines-Plank used to bridge gap to shore-Collapse of plank-Plaintiff injured-Liability of defendant - Plank belonging to defendant - Facts necessary to be proved by plaintiff.

DAIREN KISEN KABUSHIKI KAISHA AND OTHERS v. SHIANG KEE (OTHERWISE KNOWN AS THE CHINA MERCHANTS STEAM NAVIGATION COMPANY, LTD.)

(1941) 70 Ll.L.Rep. 51

Company - Winding-up - Jurisdiction of Court to make order-Dissolution of shipping company by Chinese Court- Branch in Hongkong-Application by shareholders to Court of Hongkong that company should be wound up- "Where a company incorporated outside the Colony which has been carrying on business in the Colony cease to carry on business in the Colony, it may be wound up as an unregistered company under this Part of the Ordinance notwithstanding that it has been dissolved or otherwise ceased to exist as a company under or by virtue of the laws of the country under which it was incorporated"-Appeal against winding-up order made by Full Court of Hongkong - Companies Ordinance, 1932, Sect. 313 (2).

WHITE v. LAWSON-BATEY TUGS, LTD.

(1941) 70 Ll.L.Rep. 54

Practice-New trial-Claim by wherryman for personal injuries - Collision between wherry Heedless (manned by plaintiff) and defendants' tug Joffre in River Tyne-Claim dismissed by learned County Court Judge-Misapprehension by Judge of positions in river of independent witnesses-Appeal by plaintiff.

WHARTON (SHIPPING), LTD. v. MORTLEMAN AND OTHERS.

(1941) 70 Ll.L.Rep. 56

Insurance-Marine or war risk-Collision -Loss of plaintiffs' vessel Brendonia- Brendonia, at anchor, run into and sunk by steamer Alderpool under charter to Government - Brendonia showing her anchor light-Alderpool, sailing without lights, preparing to anchor-Alderpool bound to Southampton for orders - Intention of Government to employ her for transport of army equipment to war base-Master unaware of purpose for which she would be used-Whether Alderpool engaged in warlike operation at time of collision- Claim brought by plaintiffs against marine risk underwriters - Denial of liability - Contention that war risk underwriters were liable - War risk underwriters joined as co-defendants.

THE "PRINS WILLEM VAN ORANJE."

(1941) 70 Ll.L.Rep. 59

Salvage - Fire-Services rendered by tug Sun IV to Dutch steamship Prins Willem van Oranje in River Thames- Cargo set on fire by incendiary bomb in Flushing Roads-Ordered to proceed to England-Arrival off Gravesend via Downs-Moved to buoys by Sun IV, which afterwards assisted in extinguishing fire and taking her to dock-Salvage tug and fire floats also in attendance- Damage to equipment of Sun IV- Salvage services admitted.

THE "STENTOR."

(1941) 70 Ll.L.Rep. 64

Collision - Convoy - Collision between motor vessel Dilwara and motor vessel Stentor in Mediterranean-No negligence on either side - Claim and counterclaim dismissed.

THE "HOPEMOUNT."

(1941) 70 Ll.L.Rep. 65

Salvage-Fire-War-Services rendered by tugs Persia, Venturous and Atlantic Cock to motor vessel Hopemount in River Thames-Vessel lying at wharf- Nearby fires due to enemy action- Vessel cast adrift-Drift down river on ebb tide-Brought up athwart tide against quarter of steamship British Workman-Propeller fouled by mooring buoy-Towed to safe anchorage- Risk to vessels.

THE "LARPOOL."

(1941) 70 Ll.L.Rep. 72

Salvage - War - Services rendered by steamship Panos to steamship Larpool in Atlantic-Both vessels in convoy- Engines of Larpool broken down beyond repair at sea-Request to Panos to tow-Great difficulty experienced in establishing connection - Heavy weather - Connection made after ten attempts and towage commenced- Attack by bomber during tow - Larpool brought in safely to Queenstown after 312 days' tow-Salved values: ship, £53,500; cargo, £43,553; freight, £35,270-Claim brought against ship-Awards: owners, £5000; master, £500; crew, £2000.

JUTE AND GENERAL PRODUCTS, LTD. v. SIMON & CO.; PRODUCE BROKERS NEW COMPANY (1924), LTD. (THIRD PARTY), AND WHEATSHEAF MILLS, LTD. (FOURTH PARTY).

(1941) 70 Ll.L.Rep. 79

Contract - Frustration - Impossibility of performance-Pre-war sale of 100 tons of Rumanian Yellow Victoria peas- Black Sea and Danubian Grain Contract - Shipment; September, 1939 - Normal tonnage not available at Rumanian ports-300 tons of peas sold by R. to plaintiffs-Resale of 100 tons by plaintiffs to defendants-Further sub-sales-Notification made by R. to plaintiffs that he was unable to fulfil his contract owing to shipping space not being available and claiming cancellation - Declaration sought by plaintiffs that contract with defendants was frustrated-Clause providing for cancellation if fulfilment of contract rendered impossible by hostilities-Sub-buyers joined as third and fourth parties.

KLEINWORT, SONS & CO. v. PEERLESS FOOD PRODUCTS.

(1941) 70 Ll.L.Rep. 88

Arbitration - Award - Error on face of award-Sale of cases of canned apricot pulp-Provision for examination of stained and unstained cases within one month of date of contract-Allowances to be made to buyers in respect of defective goods - Issue of delivery orders by sellers to buyers-"Stop order" previously issued by Medical Officer of Health under Public Health and Imported Food Regulations, 1937, in respect of stained cases-Examination not made within one month of contract-Right of buyers to allowances -Award that sellers were wrong in issuing delivery orders and in their claim that no allowances should be made.

IN RE CORBYN, DECEASED. (MIDLAND BANK EXECUTOR & TRUSTEE COMPANY, LTD. v. ATTORNEY-GENERAL AND JOHNSON).

(1941) 70 Ll.L.Rep. 91

Will - Validity of bequest - Whether bequest created valid charitable trust- Bequest "to be used for the sole benefit and interest of a boy or boys, as selected, of the training ship Exmouth. . . . The selected boy or boys to be sent to a training school or ship to be educated, instructed and trained to become an officer in the Royal Navy or the British Mercantile Marine as the boy may choose"-Each boy to be given a monthly allowance until he has sufficient to support him or until he attains the rank of lieutenant or mate.

THE "BRITISH RESOURCE."

(1941) 70 Ll.L.Rep. 93

Collision-Inevitable accident-Convoy- Collision between steamship Celtic Star and motor vessel British Resource, following on collision between Celtic Star and steamship Afric Star-Action brought by Celtic Star against British Resource - Counterclaim by British Resource against Celtic Star and Afric Star-British Resource and Afric Star in convoy; Celtic Star on almost opposite course - Vessels navigating without lights under Admiralty instructions-Look-out-Negligence.

TATEM STEAM NAVIGATION COMPANY, LTD. v. COMMISSIONERS OF INLAND REVENUE.

(1941) 70 Ll.L.Rep. 104

Revenue - Super tax - Assessment - "Company in which the public are substantially interested" - Shipping company under control of not more than five persons-Gifts of shares by principal shareholder to niece as an accretion to her marriage settlement funds-Principal shareholder a trustee of the marriage settlement-Provisions of Sect. 21 of Finance Act, 1922, applicable to company under the control of not more than five persons and which is not a company in which the public are substantially interested -"A company shall be deemed to be a company in which the public are substantially interested if shares of the company . . . carrying not less than 25 per cent. of the voting power have been allotted unconditionally to, or acquired unconditionally by, and are at the end of the year or other period for which the accounts of the company have been made up as aforesaid beneficially held by, the public . . . and any such shares have in the course of such year or other period been the subject of dealings on a stock exchange in the United Kingdom and the shares have been quoted in the official list of such a stock exchange"-Evidence of quotation of shares on stock exchange -Whether niece a member of public- Meaning of "public"-Unconditional allotment-Finance Act, 1922, Sect. 21 (6), as amended by Finance Act, 1927, Sect. 31 (3).

WHITE v. WILLIAM PICKERSGILL & SONS, LTD.

(1941) 70 Ll.L.Rep. 111

Workmen's compensation-Incapacity for work-Accident to workman employed in shipbuilders' yard-Compensation paid - Medical evidence of total recovery - Stoppage of payments - Workman unable to get work by reason of prejudice in minds of prospective employers-Whether an incapacity for work resulting from injury-Appeal by shipbuilders against award of learned County Court Judge that payments should be continued.

THE "AUTHORITY."

(1941) 70 Ll.L.Rep. 114

Collision - River - Approaching vessels - Port to port passing-Departure from rule in circumstances of danger- Collision between steamships Corsea and Authority in Long Reach, River Thames-Corsea bound up; Authority bound down, having just turned in river-Green light of Authority opened on starboard bow of Corsea-Action taken by Corsea to pass starboard to starboard - Engines stopped - Starboarding by Authority - Contact between port quarter of Authority and stem of Corsea-Port of London River By-laws, 1938, Rules 30, 33, 38, 48.

THE "COLONEL CROMPTON."

(1941) 70 Ll.L.Rep. 118

Collision - Dock - "Putting by" - Collision in No. 1 Barry Dock between steamships Divatte and Colonel Crompton, followed by collision between Divatte and steamship Swiftpool -Divatte emerging from cutting between No. 2 and No. 1 dock-Colonel Crompton manoeuvring in No. 1 dock behind steamship Rupert de Larrinaga, both vessels intending to proceed to No. 2 dock-Swiftpool moored in No. 1 dock-Contact between starboard quarters of Divatte and Colonel Crompton, throwing head of Divatte to starboard-Collision between stem of Divatte and counter of Swiftpool -Whether manoeuvres of Colonel Crompton so hindered the navigation of Divatte as to cause the subsequent collision with the Swiftpool -Colonel Crompton "flying light"- Strong N.E. wind-Speed of Divatte.

PILLING v. PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY.

(1941) 70 Ll.L.Rep. 126

Negligence-Steamship passenger-Death from accident on board-Claim by personal representative - Loss of expectation of life-Ladder to swimming bath inadequately fixed-Collapse of ladder - Negligence of ship's carpenter-Liability of shipowners- Ticket conditions exempting shipowners from "all liability in respect of any . . . loss, damage or injury whatsoever of or to the person of any passenger . . . whether such . . . loss . . . shall arise from or be occasioned by . . . defects, latent or otherwise, in hull, tackle, boilers or machinery, or their appurtenances, accidents . . . or any acts, defaults or negligence of the pilot, master, mariners, passengers, company's agents or servants of any kind whatsoever . . ."

READER v. SAMUEL WILLIAMS & SONS, LTD.

(1941) 70 Ll.L.Rep. 131

Workmen's compensation-Suitable employment - Partial incapacity - Injury sustained by stevedore-Offered employment as night watchman at wage not less than his pre-accident wage-Offer refused-Evidence that workman had since performed duties of night watchman without difficulty - Right of workman to compensation on basis of partial incapacity-Claim rejected by learned County Court Judge-Declaration of liability.

THE "LOWDOCK" v. EDWARDS. (THE "LADY PHILOMENA.")

(1941) 70 Ll.L.Rep. 133

Collision-Steering and sailing rules- Vessels in position to pass in safety - Alterations of course - Collision between steam trawler Lowdock and H.M. trawler Lady Philomena in North Sea-Lowdock sunk-Loss of 11 of crew of 12-Whether vessels meeting end on or in position to pass in safety green to green - Starboarding by Lowdock-Porting by Lady Philomena followed subsequently by "full astern" on engines-Contact between stem of Lady Philomena and port side aft of Lowdock-Manoeuvres by Lady Philomena-Agony of collision -Discussion on apportionment of costs.

THE "MACGREGOR."

(1941) 70 Ll.L.Rep. 138

Collision - Convoy - Collision between motor vessel British Fame and steamship Macgregor-Macgregor leading vessel in port column-British Fame second vessel in second column-Starboard helm action taken by Macgregor to avoid approaching crossing vessel- Speed not immediately reduced-Evidence that British Fame overran vessel ahead of her-Contact between starboard bow of Macgregor and port bow of British Fame.

BAXTER, FELL & CO., LTD. v. GALBRAITH & GRANT, LTD.

(1941) 70 Ll.L.Rep. 142

Sale of goods-Frustration-Tender of documents under c. & f. contract- Validity of bills of lading-Sale of steel rods c. & f. Bombay-Shipment at Antwerp of part of consignment (ten parcels in all) in German steamer Rauenfels - Bills of lading dated Aug. 20 and 25, 1939-Bills of lading tendered by sellers to buyers on Aug. 28 in respect of seven parcels-Cheque covering seven parcels handed by buyers to sellers in exchange for documents -Cheque stopped by buyers on ground that bills of lading were bad tender, in that before tender the master of the Rauenfels had received instructions from his Government to proceed to a German port (She in fact reached Bremen on Aug. 28)-Formal tender of bills of lading covering remaining three parcels waived by buyers- Whether commercial purpose of contract frustrated-Effect of war clause protecting the shipowner from liability for delays or deviations arising from restraint of princes or as a result of the imminence or existence of war- Arbitration-Interim award in form of special case-Award that bills of lading were valid and effective and such as the buyers were bound to accept -Questions for the opinion of the Court: (a) Whether the bills of lading were on Aug. 28 valid and effective and such as the buyers were bound to accept; (b) whether, if the answer to (a) was in the negative, the buyers were entitled to counterclaim damages in respect of the seven parcels.

YORKSHIRE DALE STEAMSHIP COMPANY, LTD. v. MINISTER OF WAR TRANSPORT.

(1941) 70 Ll.L.Rep. 160

Insurance (marine or war)-Stranding of requisitioned vessel admittedly engaged on warlike operation-Damage to vessel-Vessel in convoy following course ordered by commodore-Position in convoy lost - Stranding - Claim against Crown (which assumed risks excluded by f.c. & s. clause)-Onus of proof-Finding of arbitrator that there was an unexpected and unexplained tidal set carrying vessel some miles off her course; and that the stranding was not due to negligence of those on board -Award that damage was a direct consequence of warlike operation- Case stated.

NATIONAL FARMERS' UNION MUTUAL INSURANCE SOCIETY, LTD. v. DAWSON.

(1941) 70 Ll.L.Rep. 167

Motor insurance-Liability of insurers to third parties-Right of recovery from assured-Accident in which insured car involved-Car driven by assured- Assured under influence of drink and incapable of having proper control of car-Payment by insurers of sum agreed in settlement of third parties' claim-Action brought to recover that sum from assured-Condition 3 of policy providing that "the insured shall keep every motor car insured by this policy in an efficient state of repair, and shall use all care and diligence to avoid accidents and to prevent loss and to employ only steady and sober drivers"-Road Traffic Act, 1934, Sect. 12: "So much of the policy as purports to restrict the insurance of the persons insured thereby by reference to . . . . (a) the age or physical or mental condition of persons driving the vehicle . . . . shall, as respects [third party] liabilities . . . . be of no effect: Provided that nothing in this section shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this section shall be recoverable by the insurer from that person"-Arbitration-Finding that assured did not use all care and skill to avoid accidents-Award that insurers were entitled to recover the sum paid (1) on ground that the restriction in Condition 3 of the policy was one which by Sect. 12 of the 1934 Act was required to be omitted; (2) as damages for breach of Condition 3-Whether Condition 3 repugnant to main purpose of policy.

FORESTAL LAND, TIMBER & RAILWAYS COMPANY, LTD. v. RICKARDS. MIDDOWS, LTD. v. ROBERTSON. W. W. HOWARD BROS. & CO., LTD. v. KANN.

(1941) 70 Ll.L.Rep. 173

Marine insurance-Frustration clause- Cargoes in enemy ships at outbreak of war - Pre-war policies issued by British underwriters covering British cargoes-Institute War Clauses attached -"This policy covers (a) the risks excluded from the standard form of English marine policy by the" f.c. & s. clause-"Warranted free of any claim based upon loss of, or frustration of, the insured voyage or adventure caused by arrests restraints or detainments of Kings Princes Peoples Usurpers or persons attempting to usurp power" -German Government orders to masters of German vessels that their vessels should take refuge in neutral ports and if possible proceed to Germany; as a last resort to scuttle their vessels-Arrival in neutral ports of German steamships M, H and W, vessels subsequently sailing in an attempt to reach Germany-M and H scuttled upon interception by Allied warships-Arrival of W in German port-Claims for loss of cargo-Alleged constructive total loss of cargo when

vessels put into, or alternatively left, neutral ports; actual total loss when vessels scuttled - Altered voyage - Whether within "held covered" clause-Right of underwriters to recover extra premiums - Arrests, restraints-Seizure-Enemies-Takings at sea-Barratry of the master - Malicious acts - Non-delivery - Possibility of recovery of cargo ex W by payments to be made through neutral sources-No payments in fact made- Partial loss - Marine Insurance Act, 1906, Sects. 16 (3), 45, 46, 49, 57, 60, 61, 62, 78 (4), 91.

THE "WESTCOVE" AND "HEBBURN."

(1941) 70 Ll.L.Rep. 205

Collision-River-Ferry-Collision between hopper No. 22 and steamship Westcove in River Tyne-Hopper moored off north bank; Westcove bound down- Plea by Westcove that she was properly proceeding down river when the Wallsend to Hebburn ferry suddenly came ahead across her bows; that she took drastic helm action to avoid the ferry; but that though she effected that manoeuvre satisfactorily she was unable by any action to avoid the subsequent collision with the hopper- Onus of proof.

THE "DALEBY."

(1941) 70 Ll.L.Rep. 212

Collision - Look-out - Lights - Collision between steamships Harpasa and Daleby in Irish Sea-Harpasa, in convoy, on course of No. 42 E.; Daleby on course of 168 deg.-Difficulty of Daleby, in ballast, with S.E. gale on her port bow, in keeping her course- Allegation by Harpasa that she saw the loom of Daleby on her port bow at distance of about three ship's lengths and that the Daleby's lights were switched on subsequently-Harpasa, navigating with dimmed lights, not seen by Daleby until one ship's length distant-Porting by Daleby and starboarding by Harpasa.

CHARENTE STEAMSHIP COMPANY, LTD. v. COMMISSIONERS OF INLAND REVENUE.

(1941) 70 Ll.L.Rep. 218

Revenue - Income tax - Allowances - Replacement of obsolete steamships - Sale of three vessels in one trading year -"In estimating the profits or gains of any trade, manufacture, adventure, or concern in the nature of trade chargeable under this schedule there shall be allowed to be deducted as expenses incurred in any year so much of any amount expended in that year in replacing any plant or machinery which has become obsolete as is equivalent to the cost of the plant or machinery replaced after deducting from that cost the total amount of any allowances which have at any time been made in estimating profits or gains as aforesaid on account of the wear and tear of that plant and machinery, and any sum realised by the sale of that machinery or plant" - Deficiency in case of one sale; surpluses in case of sale of other two vessels-Whether, as Crown contended, regard must be had to net result of all replacements during any one year-Decision of Income Tax Commissioners in favour of Crown - Appeal by shipowners - Income Tax Act, 1918, Schedule D, Cases I and II, r. 7.

SCHOFIELD v. ELDERS & FYFFES, LTD.

(1941) 70 Ll.L.Rep. 221

Workmen's compensation-War injury- Pension awarded to dependant of deceased ship's engineer under provisions of scheme made in pursuance of Pensions (Navy, Army, Air Force and Mercantile Marine) Act, 1939, 2 & 3 Geo. 6, c. 83-Claim by dependant for award under Workmen's Compensation Acts-Prohibition in Pensions Act of certain double payments (but no reference made to workmen's compensation awards)-Further provision for pensions in respect of war injuries under Personal Injuries (Emergency Provisions) Act, 1939, 2 & 3 Geo. 6, c. 82-Sect. 3: "In respect of a war injury sustained . . . by any person . . . no such compensation . . . shall be payable . . . as apart from the provisions of this sub-section - (a) would be payable under the Workmen's Compensation Acts . . ."-"Mariners" excluded from benefit in scheme made under Personal Injuries Act-Interpretation of statutes-Meaning of "any person."

THE "BARBARA ROBB."

(1941) 70 Ll.L.Rep. 227

Collision - Fishing vessels - Encumbered vessel-Lights - Collision just after sunrise between steam trawlers Dandini and Barbara Robb in fishing grounds off N.E. coast of Scotland-Dandini laid to, heading approximately east - Barbara Robb trawling on northerly course S.S.W. of Dandini-Impacts between stem of Barbara Robb and starboard side of Dandini-Dandini sunk-Respective duties - Look-out - Fishing lights improperly shown by Dandini-Collision Regulations, Arts. 19, 21, 27, 29.

YORKSHIRE DALE STEAMSHIP COMPANY, LTD. v. MINISTER OF WAR TRANSPORT.

(1941) 70 Ll.L.Rep. 236

Insurance (marine or war)-Stranding of requisitioned vessel admittedly engaged on warlike operation - Damage to vessel - Vessel in convoy following course ordered by commodore-Position in convoy lost - Stranding - Claim against Crown (which assumed risks excluded by f.c. & s. clause)-Onus of proof-Finding of arbitrator that there was an unexpected and unexplained tidal set carrying vessel some miles off her course; and that the stranding was not due to negligence of those on board -Award that damage was a direct consequence of warlike operation- Case stated.

THE "CYMBELINE."

(1941) 70 Ll.L.Rep. 246

Collision-Seamanship-Collision between steamships Trebartha and Cymbeline in Suez Bay-Trebartha proceeding easterly from anchorage to canal entrance; Cymbeline proceeding down dredged channel on course of S. 65 W. -View obstructed by vessels at anchor -Order of "hard-a-starboard" by pilot of Trebartha countermanded by master immediately afterwards - Porting by Cymbeline-Speeds-Contact between stem of Trebartha and starboard quarter of Cymbeline.

THE "GUDRUN M'RSK."

(1941) 70 Ll.L.Rep. 251

Collision - Damages - Assessment by Registrar - Collision between British steamship Umvuma and Danish steamship Gudrun M‘rsk-Apportionment of blame: Umvuma, 40 per cent.; Gudrun M‘rsk, 60 per cent.-Umvuma drydocked for repairs-Part cargo and bunkers discharged before docking - Necessity for discharge-Reasonableness - Motion by owners of Umvuma in objection to Registrar's report concerning cost of discharging, etc., lost stores, survey fees, superintendence, demurrage, shipowners' liability insurance.

THE "ALBIONIC."

(1941) 70 Ll.L.Rep. 257

Salvage-Crew-Right to claim award- Services rendered to their own vessel by members of crew of steamship Albionic - Vessel on fire in Bristol Channel - Engine-room enveloped, making it impossible to enter to turn off steam - Steering gear jammed - Boats lowered at master's orders and manned by certain of crew, master subsequently entering port lifeboat- Boats broken adrift-Fire subsequently extinguished by remainder of crew, under command of chief officer-Towed by tugs to safety-Claim by wireless operator to salvage award-Dispute as to circumstances in which master left vessel-Abandonment sine spe revertendi-Crew given option to leave vessel.

THE "DAGRUN."*

(1941) 70 Ll.L.Rep. 269

Collision - Convoy - Collision between Swedish steamship Johanna and Norwegian motor vessel Dagrun off Scottish coast - No negligence on either side - Claim and counterclaim dismissed.

THE "TESTBANK."

(1941) 70 Ll.L.Rep. 270

Collision-Sound signals-Duty of vessels in sight of one another-Collision between steamships Ceramic and Testbank in South Atlantic-Vessels on almost opposite courses, sailing without lights-Loom of Ceramic seen by Testbank nearly a mile away-Starboard helm action taken by Testbank without signalling and without immediately switching on her lights-Lights switched on later-Red of Testbank seen by Ceramic at distance of nearly half-a-mile-Hard-a-port helm action immediately taken by Ceramic-Lights switched on - Subsequent whistle signals sounded by Testbank not heard by Ceramic-Ceramic struck by Testbank at broad angle on starboard side -Look-out-"Agony of collision"- Collision Regulations, Arts. 27, 28.

LE MESURIER v. WM. CORY & SON, LTD.

(1941) 70 Ll.L.Rep. 277

Pilotage-Dues-Construction of schedule -Pilotage of vessel from Erith Buoys to Albert Dock Hoists-Pilotage dues for voyage "(a) Between London Bridge and Barking Creek, or between any other places other than (b): £1 15s. . . . (b) Between London Bridge and Purfleet Coal Jetty: £2 2s."-Magistrates' decision that pilot was only entitled to dues under par. (a)-Appeal by pilot - London Pilotage District Pilotage Dues, Schedule, Part VII.

THE "VERNON CITY."

(1941) 70 Ll.L.Rep. 279

Collision-Convoy-Fog-Excessive speed -Whether convoy orders paramount to Collision Regulations - Collision between steamships Lairdscastle and Vernon City off entrance to River Clyde -Lairdscastle bound from Glasgow to Belfast; Vernon City at head of column in inward-bound convoy-Lairdscastle sunk-Vernon City navigating at excessive speed, in breach of Art. 16- Failure to stop her engines on hearing whistle of Lairdscastle forward of her beam-Duty of vessel in convoy to obey convoy orders-Authority of Admiralty to make special provision for regulating the movements and navigation of vessels-Emergency Powers (Defence) Act, 1939-Defence Regulations, 1939- Navigation Order No. 1, 1939.

THE "LARGO."

(1941) 70 Ll.L.Rep. 293

Collision - Convoy - Courses - Collision between Swedish steamship Ingaro and British steamship Laryo in North Sea -Ingaro in starboard column of southbound convoy; Largo in port column of north-bound convoy - Vessels approaching on slightly converging courses, Largo being on starboard bow of Ingaro, Ingaro fine on port bow of Largo-Courses maintained, green of Ingaro eventually opening fine on starboard bow of Largo-Starboarding by both vessels, followed by full astern- Contact between port bow and port bow.

THE "LOWTHER CASTLE" AND OTHERS.

(1941) 70 Ll.L.Rep. 298

Negligent navigation-Dock-Collision in lock of Royal Edward Dock, Avonmouth, between motor ketch Lewisman and steamship Lowther Castle - Both vessels entering lock for purpose of proceeding to sea - Lowther Castle brought into lock under control of forward and after tugs and tied up on western side, with her port side to lock side - After tug cast off - Lewisman, invited by dock authorities to enter lock, manoeuvred along east side of lock-Fresh breeze with squalls blowing on port side of Lowther Castle -Stern of Lowther Castle seen to be falling away from quay - Collision between starboard quarter of Lowther Castle and port side of Lewisman- Claim brought by Lewisman against Lowther Castle - Dock authorities joined as second defendants - Dispute as to position of Lowther Castle when Lewisman invited to enter-Duty of dock authorities in such circumstances -Whether Lowther Castle negligent.

THE "WESTLAND."

(1941) 70 Ll.L.Rep. 305

Collision - Intersecting courses - Helm action - Collision between British steamship Hamla and Dutch motor vessel Westland in English Channel- Hamla on course of N. 70 E.; Westland on course of 256 deg.-Duty of Hamla to starboard and pass port to port and if necessary to reduce speed-Dispute as to subsequent signals and helm action - Contact between stem of Westland and starboard side of Hamla at angle of 75 deg. leading aft on Hamla.

HOLLAND v. HAY'S WHARF, LTD.

(1941) 70 Ll.L.Rep. 310

Negligence-Unloading of vessel-Personal injuries sustained by plaintiff stevedore engaged in unlading box-boards from hold of steamship overside into barge-Fall of bundle from scale-board - Plaintiff's claim for common law damages against his employers-Plea that defendants (1) had failed to employ a competent hatchwayman; (2) had failed to provide a reasonably safe system of working- Evidence that, the barge not being alongside, the hatchwayman permitted a loaded set to be placed on deck; that he negligently refixed the chains of the scale-board when it was rehoisted; and that by reason thereof the scale-board tilted, causing a bundle to fall on the plaintiff in the ship's hold-System of unloading in force-When lowering of sets on deck permissible.

C. CZARNIKOW, LTD., AND LESLIE & ANDERSON, LTD. v. JAVA SEA & FIRE INSURANCE COMPANY, LTD.

(1941) 70 Ll.L.Rep. 319

Marine insurance-Arrest, restraint or detainment of kings, princes and people - Constructive total loss of cargoes-Pre-war shipments in German vessels-Voyages from Singapore and Bombay to Hamburg-Deviations to Massowah (Eritrea) before outbreak of war between Germany and England- Declarations made by masters that voyages were interrupted owing to imminence of war and under orders of the German Government - Abortive attempts made by cargo-owners to obtain release of cargoes-Notice of abandonment refused by insurers - Reasons for action of masters in putting into Massowah-Whether carried out voluntarily or under orders of German Government-Institute War Clauses- Marine Insurance Act, 1906, Sect. 60.

Lloyd's Law Reports