i-law

Lloyd's Law Reports

REARDON SMITH LINE, LTD. v. AUSTRALIAN WHEAT BOARD.

[1956] 1 Lloyd's Rep. 1
Charter-party-"Safe wharves as ordered"-Ship ordered to proceed to certain berth-Berth not generally unsafe but rendered unsafe by reason of absence of hauling-off buoy and waling-piece - Deterioration in weather - Damage to ship and wharf - Liability of voyage charterers-Alleged failure by master to take steps to avoid damage.

CHANDRIS v. GOVERNMENT OF INDIA.

[1956] 1 Lloyd's Rep. 11
Charter-party-Discharging expenses-Nomination of two ports of discharge-Seaworthy Trim Clause-"Any expense incurred by the shipowners . . . in shifting . . . cargo . . . shall be paid by the charterers"-Liability of charterers for delay and expenses of trimming vessel after unloading part of cargo at first port of discharge-Crew's overtime-Cargo partly in bulk and partly in bags-Whether homogeneous cargo.

-"Austral" Charter-party-Seaworthy Trim Clause-Construction.

THE "AKASHISAN MARU."

[1956] 1 Lloyd's Rep. 24
Collision - Canal - Moored vessel - Parting of moorings-Excessive speed of vessel passing moored vessel-Alleged sheer by passing vessel-Whether head of moored vessel fell athwart canal-Absence of principal witnesses -Documentary evidence-Probabilities.

R. & J. H. REA, LTD. v. C. J. KING & SONS, LTD. (THE "BRISTOL CITY.")

[1956] 1 Lloyd's Rep. 35
Towage-Contract of towage-Damage to tug "whilst towing"-Dispute as to when damage was sustained-United Kingdom Standard Towage Conditions.

THOMPSON v. SOCIETE ANONYME JOHN COCKERILL.

[1956] 1 Lloyd's Rep. 43
Master and servant-Fellow-employee-System of working-Loading of ship-Stowage in 'tween decks-Injury to dock labourer-Alleged negligence of fellow-employee-Liability of employers.

PRESTON AND ANOTHER v. HUNTING AIR TRANSPORT, LTD.

[1956] 1 Lloyd's Rep. 45
Carriage by Air - Passenger - Irregularity of ticket-Death of passenger (widow)-Claim by infant orphans-Liability of carrier for "damage"-Right to limitation-Measure of damages-Whether limited to financial loss- Carriage by Air Act, 1932, First Schedule, Arts. 3, 17, 22.

ALLARS v. GLEN LINE, LTD.

[1956] 1 Lloyd's Rep. 51
Negligence-Fellow-employee-System of working -Discharge of bagged cargo from ship's hold -Dock labourer struck by bag-Whether due to negligence of fellow-employee-Res ipsa loquitur.

CAIRN LINE OF STEAMSHIPS, LTD. v. DOCKS AND INLAND WATERWAYS EXECUTIVE AND GRANGEMOUTH & FORTH TOWING COMPANY, LTD.

[1956] 1 Lloyd's Rep. 54
Docks and ports-Locks-Ship towed into lock by tug-Ship and tug tied up side by side- Damage to ship when level of water was lowered-Liability of dock authority and/or tugowners-Proof of damage to ship.

JONES v. STAVELEY IRON AND CHEMICAL COMPANY, LTD.

[1956] 1 Lloyd's Rep. 65
Master and servant-Injury to employee-Error of judgment on part of fellow-employee- Whether amounting to negligence-Standard of care applicable to employers-Qui facit per alium facit per se-Employee's lack of care for his own safety-Inadvertence-Contributory negligence.

MORRIS v. WEST HARTLEPOOL STEAM NAVIGATION COMPANY, LTD.

[1956] 1 Lloyd's Rep. 76
Master and servant-Injury to seaman-Fall down unguarded hold in 'tween decks of grain ship -Liability of shipowners-Unnecessary risk -Alleged duty to fence-General practice among shipowners not to fence 'tween decks at sea-Whether "folly" to have neglected to provide guard-rail-Obvious danger.

MARTIN v. A. B. DALZELL & CO., LTD.

[1956] 1 Lloyd's Rep. 94
Master and servant - Negligence - System of working-Fatal accident to employee-Fall while engaged in lowering equipment down chute-Work of dangerous character-Method left to employee-Duty of employers.

CUSACK v. T. & J. HARRISON, LTD.

[1956] 1 Lloyd's Rep. 101
Master and servant-Negligence-Safe appliances- Loading tray-Loading of vessel-Use of metal latticed tray-Injury to stevedore- Duty of employers.

STAFFORD ALLEN & SONS, LTD. v. PACIFIC STEAM NAVIGATION COMPANY.

[1956] 1 Lloyd's Rep. 104
Carriage of goods by sea-Transhipment at Cristobal (Panama Canal Zone)-Damage to cargo-Liability of on-carriers-Bill of lading terms-Clause Paramount-"With respect to shipments . . . from a port in the United States, all the terms and provisions of the Carriage of Goods by Sea Act, 1936, of the United States are to apply"-Whether Cristobal a port in the United States- Meaning of "United States."

P.S.A. TRANSPORT, LTD. v. NEWTON, LANSDOWNE & CO., LTD.

[1956] 1 Lloyd's Rep. 121
Forwarding agents - Disbursements - Transhipment of goods-Agreement to arrange inspection and transhipment-Payment of port dues and wharfage charges-Right to recover such disbursements from principals.

MEHEGAN v. HARLAND & WOLFF, LTD.

[1956] 1 Lloyd's Rep. 123
Master and servant - Negligence - System of working-Ship's davits-Injury to ship's rigger-Likelihood of injury not appreciated by chargehand-Liability of employers.

MOORE v. R. FOX & SONS.

[1956] 1 Lloyd's Rep. 129
Negligence-Res ipsa loquitur-Explosion in plant -Plant potentially dangerous-Death of workman-Cause of explosion unknown- Onus of proof.

BANKS v. MERSEY DOCKS AND HARBOUR BOARD AND OTHERS.

[1956] 1 Lloyd's Rep. 147
Negligence-Unusual danger-Iron ladder tied to dock wall - Ownership unknown - Ladder used by seamen to return to their vessel- Fatal fall owing to defect in ladder-Liability of dock authority as invitors-Duty of invitors.

FULWOOD HOUSE, LTD. v. STANDARD BENTWOOD CHAIR COMPANY, LTD.

[1956] 1 Lloyd's Rep. 160
Negligence-Vehicle left unattended in highway- Interference by unauthorized person causing damage to property-Foreseeability-Whether driver negligent-Liability of employers.

THE "IRISH COAST."

[1956] 1 Lloyd's Rep. 165
Collision-River-Overtaking-Respective duties of overtaking and overtaken ships-Interaction -Look-out.

MUMFORD v. HARDY AND ANOTHER.

[1956] 1 Lloyd's Rep. 173
Road Traffic Act, 1930-Third-party insurance- Driver under age-Licence obtained by false pretences-Insurance policy covering policy-holder and any person driving motor car with his permission, provided that person had held and was not disqualified for holding or obtaining a licence to drive such motor car- Meaning of "disqualified"-Sects. 7 (4), 9 (5), 35 (1).

ISAAC MODIANO, BROTHER & SONS, LTD. v. MACLEOD, ROSS & CO., LTD.

[1956] 1 Lloyd's Rep. 176
Sale of goods-Rejection-Delivery to be made "ex wharf London" - Transhipment at Antwerp - On-carriage delayed owing to strike in London-Whether tender made within reasonable time.

WILLIAMS v. PORT OF LONDON AUTHORITY.

[1956] 1 Lloyd's Rep. 180
Negligence-Loading of lorry-Use of crane- Injury to lorry driver while receiving load- Dispute as to cause-Alleged negligence of crane-driver-Liability of employers of crane-driver.

LEGGE v. PORT OF LONDON AUTHORITY.

[1956] 1 Lloyd's Rep. 183
Master and servant-Fellow-employee-Stacking of timber-Deal porter's fall from stack- Alleged negligence of mate.

SMITH v. LONDON GRAVING DOCK COMPANY, LTD.

[1956] 1 Lloyd's Rep. 186
Shipbuilding Regulations, 1931-Means of access - Staging - Lighting - Fall from staging alongside ship in dry dock-Liability of employers-Regulations 1, 11, 42.

NEICHO v. T. F. MALTBY, LTD.

[1956] 1 Lloyd's Rep. 191
Master and servant - Negligence - Fellow-employees -Unloading drums of cable from barge-Injury to stevedore-Normal method employed-Foreseeability of danger-Unlikelihood of injury resulting-Liability of employers.

THE "RUDOLF."

[1956] 1 Lloyd's Rep. 202
Collision-Towage-Sinking of tug in attendance upon steamship in river-Steamship stemming tide-Respective duties-Seamanship.

UCTKOS v. MAZZETTA.

[1956] 1 Lloyd's Rep. 209
Negligence-Hidden danger-Petrol tank in motor boat-Volunteer working on board with blowlamp-Explosion injuring volunteer and destroying boat-Liability of owner-Duty of care owed by volunteer-Whether volunteer warned of danger-Liability to owner.

DIAMOND CUTTING WORKS FEDERATION, LTD. v. TRIEFUS & CO., LTD.

[1956] 1 Lloyd's Rep. 216
Sale of goods-Repudiation by sellers-Sale of industrial diamonds to foreign buyers- Payment by letter of credit against registered air mail receipts-Need for export licence- Implied term - Alleged undue delay in opening letter of credit and obtaining export licence-Whether justifying repudiation. Damages-Measure of damages-Non-delivery- Non-profit-making organization-Effect on measure of damages.

STEELS & BUSKS, LTD. v. BLEECKER BIK & CO., LTD.

[1956] 1 Lloyd's Rep. 228
Sale of goods-Fitness for purpose-Sale of pale crepe rubber by sample and description- "Quality as previously delivered" - Particular purpose made known to sellers- Use of "PNP" as preservative, rendering rubber unsuitable for particular purpose- Parties unaware of use of "PNP"- "PNP" not contained in rubber "previously delivered"-Presence of "PNP" not discoverable upon normal trade examination- Reliance upon sellers' skill and judgment- Merchantability-Sale of Goods Act, 1893, Sects. 13, 14, 15. Arbitration-Appeal award in form of special case - Original award deemed to be incorporated-Desirability.

ASHLEY v. ESSO TRANSPORTATION COMPANY, LTD.

[1956] 1 Lloyd's Rep. 240
Negligence-System of working-Safe plant- Cleaning of generator on board ship- Electrician's hand trapped between commutator and brush rods-Necessity for supervision -Costs.

ATKINSON v. TYNE-TEES STEAM SHIPPING COMPANY, LTD.

[1956] 1 Lloyd's Rep. 244
Master and servant - Negligence - System of working-Foreseeable danger-Dock labourer accompanying travelling crane in transporting goods-Unguarded wheels-Dock labourer run down by crane-Whether system unsafe - No previous accident - Contributory negligence.

THOMPSON v. REA, LTD.

[1956] 1 Lloyd's Rep. 249
Master and servant - Negligence - System of working-Unloading of steel billets from ship's hold-Billets raised in slings by ship's derrick and lowered on to dunnage on deck -Dock labourer injured when billet fell from sling-Alleged uneven surface of dunnage- Whether skids should have been provided- Liability of employers.

M. W. HARDY & CO., INC. v. A. V. POUND & CO., LTD.

[1956] 1 Lloyd's Rep. 255
Sale of goods (f.a.s.) - Performance - Export licence - Frustration - Sale of turpentine f.a.s. buyers' steamship at Portuguese port- Sellers aware of destination-Export without licence prohibited-Refusal by Portuguese authorities to grant licence for particular destination-Sellers unable to ship-Whether risk of failure to obtain licence upon buyers or sellers-Contract silent-Conflict of laws- Illegality.

WEBSTER v. KNOHR & BURCHARD, NFL.

[1956] 1 Lloyd's Rep. 271
Negligence - Unloading of vessel - Bad stowage -Injury to stevedore-Causation-Onus of proof-Liability of shipowners.

THE "MUNSTERLAND."

[1956] 1 Lloyd's Rep. 273
Collision - River - Vessels meeting - Starboard-hand rule-Port helm signal suggesting an invitation to pass starboard to starboard- Failure to act in accordance with signal- Look-out.

HILL v. WM. H. MULLER & CO. (LONDON), LTD.

[1956] 1 Lloyd's Rep. 281
Master and servant-Negligence-Unloading of vessel-Safe premises-Bad stowage-Injury to dock labourer-Liability of employers- Docks Regulations, 1934, Regulation 41.

SHADWELL v. BRITISH TRANSPORT COMMISSION.

[1956] 1 Lloyd's Rep. 285
Master and servant - Negligence - System of working - Unloading of lorry - Employee's fall from packing case being used as a platform-Liability of employers.

S.C.C.M.O. (LONDON), LTD. v. SOCIETE GENERALE DE COMPENSATION.

[1956] 1 Lloyd's Rep. 290
Contract-Sale of goods (f.o.b.)-Guarantee of performance by buyers - Payment against documents-Buyers to deposit sum as guarantee that credits would be opened- Whether fundamental or collateral to main contract-Failure to provide guarantee in accordance with contract - Force majeure -Waiver by sellers-Reinstatement of term as to provision of guarantee-Extension of period during which guarantee could be provided.

JOHN KOCH, LTD. v. C. & H. PRODUCTS, LTD.

[1956] 1 Lloyd's Rep. 302
Principal and agent - Agent of necessity - Cancellation of contract by agent without principal's consent-Doubt in agent's mind whether principal in position to perform contract - Principal unavailable to give instructions-Contract cancelled by agent to avoid risk of further loss to principal- Reasonableness.

TRUST COMPANY, LTD. v. DE SILVA.

[1956] 1 Lloyd's Rep. 309
Master and servant-Vicarious liability-Injury to passenger in car-Admitted negligence of driver-Car, owned by employee, used on employers' business-Liability of employers.

NORMAN STANLEY & CO., LTD. v. SIDDIQUE.

[1956] 1 Lloyd's Rep. 312
Practice-Order 14 proceedings-Liberty to sign final judgment-Action on bills of exchange dishonoured on presentation - Conditional leave to defend - Appeal by defendant - Whether bills delivered subject to condition- Admissibility of oral evidence.

"AGROEXPORT" ENTREPRISE D'ETAT POUR LE COMMERCE EXTERIEUR v. N.V. GOORDEN IMPORT CY. S.A.

[1956] 1 Lloyd's Rep. 319
Arbitration - Award - Motion to set aside - Misconduct of arbitrators-Sale of linseed expellers - Incorporation of London Cattle Food Trade Association Contract No. 15- Provisions as to sampling and analysis and as to making of claims-Whether exclusive- Award founded on evidence of analysis made other than in accordance with contract term- Admissibility.

PELTON STEAMSHIP COMPANY, LTD. v. MORRIS & CO. (GLASGOW), LTD.

[1956] 1 Lloyd's Rep. 327
Bill of lading-Short delivery-Voyage charter for carriage of esparto grass - Terms incorporated in bill of lading-Cargo loaded under and on deck-Failure to deliver bill of lading quantities-Provisions for calculation of shortage - No proved loss on voyage - Liability of shipowners. Charter-party-Esparto AA Form-Short delivery of on-deck and under-deck cargo-No proved loss on voyage-Liability of shipowners- Construction of charter-party.

SPRING v. NATIONAL AMALGAMATED STEVEDORES AND DOCKERS SOCIETY.*

[1956] 1 Lloyd's Rep. 331
Trade union-Membership-Expulsion-Whether expulsion ultra vires - Dock labourer (in arrear of contributions with one Union) accepted for membership by another Union- Mistake of fact-Implied term in contract of membership - Compliance with terms of agreements concerning inter-Union relationships -Bridlington Agreement.

WILSON v. DARLING ISLAND STEVEDORING AND LIGHTERAGE COMPANY, LTD.*

[1956] 1 Lloyd's Rep. 346
Bill of lading-Damage to cargo in custody of stevedores after discharge - Negligence of stevedores - Conditions in bill of lading protecting carrier and its agents - Whether extending to protect stevedores.

TRESEDER-GRIFFIN AND ANOTHER v. CO-OPERATIVE INSURANCE SOCIETY, LTD.

[1956] 1 Lloyd's Rep. 377
Landlord and tenant-Lease-"Gold clause"- Rent to be paid "either in gold sterling or Bank of England notes to the equivalent value in gold sterling"-Construction of clause-Meaning of "gold sterling"-Legality -Coinage Act, 1870.

J. SPURLING, LTD. v. BRADSHAW.

[1956] 1 Lloyd's Rep. 392
Warehousemen-Negligence-Damage to goods while in warehousemen's custody-Liability -Bailment acknowledged by way of Landing Account, subject to "Company's conditions as printed on the back hereof" - Applicability.

THE "SPARTO."

[1956] 1 Lloyd's Rep. 400
Collision - Crossing vessels - Lights - Lookout -Failure by give-way vessel to take avoiding action-Duty of stand-on vessel to take "such action as will best aid to avert collision"-Whether stand-on vessel acted too late&Collision Regulations, 1910, Art. 21n.

DEMPSEY v. UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD.

[1956] 1 Lloyd's Rep. 408
Negligence-Unusual danger-Ladder to ship's hold-Obstruction-Dock labourer's fall while descending ladder-Alleged obstruction by piece of rope-Liability of shipowners.

TYSOE v. PORT LINE, LTD.

[1956] 1 Lloyd's Rep. 414
Damages-Personal injuries claim-Assessment.

RUDKIN v. T. F. MALTBY, LTD.

[1956] 1 Lloyd's Rep. 416
Master and servant-System of working-Fellow-employee -Stowage in barge of lentils in bags -Stevedores working in pairs in manhandling of bags-Injury to stevedore when fellow-employee lost his grip on bag-Danger of loose lentils on deck-Normal risk.

ELECTRO MOTION, LTD. v. MARITIME INSURANCE COMPANY, LTD., AND BONNER.

[1956] 1 Lloyd's Rep. 420
Insurance-"All Risks"-Goods in transit- Diesel engine found damaged on arrival at destination-Whether damage incurred before or during transit. Sale of goods-Breach of warranty-Second-hand diesel engine warranted free from cracks- Cracks discovered after delivery-Whether damage in being at time of sale.

DAVIDS PROPRIETARY, LTD. v. GEORGE WILLS & CO., LTD.*

[1956] 1 Lloyd's Rep. 428
Sale of goods - Merchantability - Canned foodstuffs -Normal essential qualities-Change in method of manufacture-Goods consequently lacking in lasting quality - Purchaser unaware of implications of change-Caveat emptor-Meaning of "merchantable"-Sale of Goods Act, 1923 (N.S.W.), Sect. 19.

REGAZZONI v. K. C. SETHIA (1944), LTD.

[1956] 1 Lloyd's Rep. 435
Contract - Illegality - Enforceability - Sale of Indian jute bags c.i.f. European port- Intention to tranship to South Africa- Export of such goods to South Africa (whether by direct or indirect shipment) prohibited by Indian law-Parties aware of prohibition-Non-delivery-Claim by buyer for damages-Whether firm contract entered into-Consensus ad idem-Recognition of Indian law-Nature of Indian prohibition regulations. Conflict of laws-Indian law-Prohibition of export to South Africa-Recognition.

"BALTIMEX" BALTIC IMPORT & EXPORT COMPANY, LTD. v. METALLO CHEMICAL REFINING COMPANY, LTD.

[1956] 1 Lloyd's Rep. 450
Sale of goods-Non-delivery of full quantity- Delay by buyers in opening letter of credit- Waiver-Substituted contract in respect of balance - Non-delivery by sellers under substituted contract-Alleged exemption from liability by Force Majeure clause in substituted contract - Whether term of substituted contract-Consensus ad idem.

THE "CRESSY T."

[1956] 1 Lloyd's Rep. 458
Collision - River - Turning in river - Flotilla manoeuvring to cross river to enter lock- Duty towards other vessels navigating in river-Lights-Look-out-Seamanship-Lower Ouse Rules, 1910, Rule 24.

THE "TIMANDRA."

[1956] 1 Lloyd's Rep. 466
Collision-River-Vessels meeting at a point or sharp bend in river-Starboard-hand rule- Vessel, navigating in her wrong water, crossing ahead of approaching vessel-Look-out -Seamanship-Port of London River Bylaws, Rules 38, 42 (a)-Circumstances in which Rule 42 (a) becomes operative.

ROSSI v. PORT OF LONDON AUTHORITY.

[1956] 1 Lloyd's Rep. 478
Master and servant - Negligence of fellow-employee -Injury to deal porter stacking timber-Panic action by fellow-employee when he stumbled on stack of timber- Failure to take care.

KRAMER AND OTHERS v. DAVID ROBERTS, SON & CO. (BOOTLE), LTD.

[1956] 1 Lloyd's Rep. 481
Charter-party-Freight-Shipment of full cargo of timber - Freight payable on quantity delivered-Alleged failure to deliver bills of lading quantities-Evidence of tally taken on shipment-No tally ex ship-Record of quantity dispatched from dock after landing -Claim by shipowners for balance of freight -Counterclaim by charterers (holders of bills of lading) for short delivery-Whether claim for short delivery time-barred- Nubaltwood Charter.

DAWES v. SCRUTTONS, LTD.

[1956] 1 Lloyd's Rep. 490
Master and servant - Negligence - System of working-Fellow-employee-Unloading rolls of paper-Dock labourer's fingers trapped between rolls - Onus of proof - Docks Regulations, 1934, Regulation 41-Meaning of "unaided."

STAFFORD ALLEN & SONS, LTD. v. PACIFIC STEAM NAVIGATION COMPANY.

[1956] 1 Lloyd's Rep. 495
Carriage of goods by sea-Transhipment at Cristobal (Panama Canal Zone)-Damage to cargo-Liability of on-carriers-Bill of lading terms-Clause Paramount-"With respect to shipments . . . from a port in the United States, all the terms and provisions of the Carriage of Goods by Sea Act, 1936, of the United States are to apply"-Whether Cristobal a port in the United States- Meaning of "United States."

THE "SEDULITY."

[1956] 1 Lloyd's Rep. 510
Collision-River-Anchored vessel-Tendency to sheer-Misleading lights-Embarrassment to approaching vessel-Misapprehension that anchored vessel was under way-Look-out- Port of London River By-laws, 1938, Rules 7, 16 (b).

REGINA v. CAMPBELL. (EX PARTE NOMIKOS.)

[1956] 1 Lloyd's Rep. 520
Ship-Overloading-Timber deck cargo in excess of maximum permitted height under regulations-Summons issued against master alleging two contraventions of regulations- Stowage on separate parts of superstructure deck-Plea of guilty to both charges-Two convictions-Maximum penalty imposed in respect of first contravention and further penalty imposed in respect of second- Whether two offences-Motion for order of certiorari to quash conviction in respect of second contravention-Whether appropriate remedy-Timber Cargo Regulations, 1932, Regulation 5 (b) - Merchant Shipping (Safety and Load Line Conventions) Act, 1932, Sect. 61 (4), (6). Practice-Certiorari-Plea of guilty to two charges-Two convictions by Stipendiary Magistrate - Only one offence - Decision within jurisdiction of Magistrate-Whether certiorari appropriate remedy-Discretion of Court.

TARRANT v. THAMES STEAM TUG & LIGHTERAGE COMPANY, LTD.

[1956] 1 Lloyd's Rep. 526
Negligence - Unusual danger - Grating laid upside down in barge-Stevedore's fall while loading timber in barge-Class of persons to whom danger was unusual - Liability of barge-owners.

IRVINE v. ROYAL MAIL LINES, LTD.

[1956] 1 Lloyd's Rep. 534
Negligence-Proof-Pleadings-Nature of accident pleaded departed from in evidence-Alleged aggravation of existing diseased condition.

BUTLER v. ADMIRALTY.

[1956] 1 Lloyd's Rep. 539

Damages-Personal injuries claim-Assessment.

WILLIAMS v. PORT OF LIVERPOOL STEVEDORING COMPANY, LTD., AND ANOTHER.

[1956] 1 Lloyd's Rep. 541
Master and servant - Negligence - Fellow-employees -Unloading bagged cargo-Agreement among gang of dock labourers to adopt dangerous system of working-Duty owed to each other-Injury to member of gang- Vicarious liability of employers-Contributory negligence-Volenti non fit injuria. Negligence-Stowage of bagged cargo in barge- Injury to dock labourer during unloading- Alleged dangerous stowage-Liability of employers and/or barge-owners (who were responsible for stowage)-Whether safe method of stowage.

REDERIJ ERVEN H. SLOOTS v. E. CHALMERS & CO., LTD. (THE "SOEMBA.")

[1956] 1 Lloyd's Rep. 552
Charter-party - Demurrage - Lien on cargo - Storage of cargo by shipowners to preserve lien-Storage charges-Cargo shipped under bill of lading providing for delivery, etc., "in according to C/P"-Liability of bill of lading holders.

THE "SOYA."

[1956] 1 Lloyd's Rep. 557
Collision - Damages - Assessment - Detention for repairs - Loss of profits - Vessel under charter - Delay in taking up - Rise in freight rates - Second charter fixed at enhanced freight - Consequent delay in taking up second charter - Whether loss to be based on rate of freight evidenced by rate paid under second charter - "Uncertain and speculative profits."

THE "ALIDA GORTHON."

[1956] 1 Lloyd's Rep. 567
Collision - River - Turning in river - Hopper turning down river, at night, after casting off from dredger - Duty of care upon up-coming ship on approaching dredger- Excessive speed-Look-out-Mistaken signal - Effect - Mersey Channel Collision Rules, 1954.

SIMONS v. W. H. RHODES & SON, LTD., AND T. & J. HARRISON, LTD.

[1956] 1 Lloyd's Rep. 576
Docks Regulations, 1934 - Lighting - Injury sustained by dock labourer during unloading of ship - Failure by shipowners to provide efficient lighting - Duty of employers - Regulations 9, 12, 50.

BASTABLE v. EASTERN ELECTRICITY BOARD.

[1956] 1 Lloyd's Rep. 586
Master and servant - Plant and appliances - System of maintenance-Injury to workman while using chisel - Chisel immediately replaced on complaint - No complaint by workman-Tool of wasting character-Duty of employers.

THE "CRADOCK."

[1956] 1 Lloyd's Rep. 592
Negligent navigation - Dock - Tug and tows proceeding down dock-Trawler (assisted by tug) manoeuvring to change position in dock, having come astern after casting off-Helm action by tug in charge of tow, causing tow to collide with another vessel - Whether trawler had sternway at material time - Alleged failure to signal-Look-out-Excessive scope of tow-rope-Effect.

BALFOUR v. BARTY-KING AND ANOTHER (HYDER & SONS (BUILDERS), LTD., THIRD PARTIES).

[1956] 1 Lloyd's Rep. 600
Negligence - Fire - Accidental fire - Escape to adjoining premises-Employment of independent contractors by occupiers-Negligence of workmen-Use of blowlamp in close proximity to combustible material - Extra-hazardous operation - Need for special precautions - Liability of occupiers - Rule in Rylands v. Fletcher-Whether blowlamp object of class to which rule applied - Fires Prevention (Metropolis) Act, 1774.

THE "NORA."

[1956] 1 Lloyd's Rep. 617
Collision-Fog-Radar-Excessive speeds-Maintenance of speeds-Alterations of course- Seamanship-Duty of care upon vessels fitted with radar-Collision Regulations, 1954, Rules 15, 16.

KAPOL v. GENERAL STEAM NAVIGATION COMPANY, LTD.

[1956] 1 Lloyd's Rep. 628
Negligence-Safe premises-System of working- Safe machinery and plant-Ship-Greaser's fall in engine-room-Alleged slippery engine-room plates - Causation - Liability of shipowners.

BAILEY v. HAIN STEAMSHIP COMPANY, LTD.; SAME v. UNITED WHALERS, LTD.

[1956] 1 Lloyd's Rep. 641
Negligence-Safe premises-Means of access- Unusual danger-Obstructions overhanging ships' companionways allegedly causing head injuries to lock foreman-Whether breakdown in health due to injuries-Proof-Causation.

ULLAH v. GRENEHURST SHIPPING COMPANY, LTD.

[1956] 1 Lloyd's Rep. 654
Negligence-Safe premises-System of working- Slippery ladder in ship's engine-room- Alleged defective plant resulting in leakage of oil-Whether shipowners allowed oil to accumulate on ladder.

COMMONWEALTH OF AUSTRALIA v. ASIATIC STEAM NAVIGATION COMPANY, LTD., AND OTHERS.* (THE "RIVER LODDON.")

[1956] 1 Lloyd's Rep. 658
Australia - Shipping - Collision - Limitation of liability - Australian Government ship engaged in trade-Negligent navigation admitted-Calculation of limitation sum- Rate of interest-Right of registered Australian Government ship to limitation- Australian Judiciary Act, 1903-1955, Sect. 64 -Merchant Shipping Act, 1894, Sects. 503, 741-Merchant Shipping Act, 1906, Sect. 80- [1924] S.R. & O., No. 1391.

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