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WISEMAN v. REA TOWING COMPANY, LTD.

[1953] 2 Lloyd's Rep 1

Negligence - Unusual danger - Tug carrying passengers - Passenger's foot trapped in steering gear - Unusual accident - Liability of tugowners.

PETER DUMENIL & CO., LTD. v. JAMES RUDDIN, LTD.

[1953] 2 Lloyd's Rep 4

Contract-Sale of goods-Repudiation by sellers- Anticipatory breach-Goods in warehouse for account of sellers-Failure by warehousemen to implement buyers' initial demand for delivery of part against delivery order - Mistake by warehousemen-Whether amounting to anticipatory breach of whole contract- Conduct of Parties.

LESTER v. BALFOUR WILLIAMSON MERCHANT SHIPPERS, LTD.

[1953] 2 Lloyd's Rep 13

Weights and measures-Pre-Packed Food Order- Offence-Principal and agent-Sale of tinned food by importers to wholesalers who supplied retail shops-Sale by importers "for account of our principal"-Tins under weight - Whether due to "act or default" of importers -Pre-Packed Food (Weights and Measures: Marking) Order, 1950.

HOUGHTON v. TRAFALGAR INSURANCE COMPANY, LTD.

[1953] 2 Lloyd's Rep 18

Motor insurance-Cover not-Accident occurring before issue of policy - Passenger risk not included in policy - Cover note providing "Full comp."-Marginal note in proposal form excluding "legal liability to passengers" -Liability of insurers for injury to passengers -Exclusion of liability for damage arising while "conveying any load in excess of that for which it was constructed"-Six occupants in 5-seater car-Overloading-Matters to be taken into account.

J. D'ALMEIDA ARAUJO, LIMITADA v. SIR FREDERICK BECKER & CO., LTD.

[1953] 2 Lloyd's Rep 30

Conflict of laws-Contract-Breach by buyers- Damages - Remoteness - Law applicable - Proper law of contract or lex fori-Measure of damages-"Damage necessarily resulting from breach"-Duty of injured party to mitigate damage.

OULD v. BUTLER'S WHARF, LTD.

[1953] 2 Lloyd's Rep 44

Negligence-Unloading of barge at wharf by crane -Dock labourer injured while taking steps to save fellow employee from being struck by hook of crane-Negligence of crane driver.

LEOLGA COMPANIA DE NAVIGACION, S.A. v. JOHN GLYNN & SON, LTD.

[1953] 2 Lloyd's Rep 47

Charter-party-"Lawful merchandise"-Meaning -Military stores and munitions-Ship blacklisted at discharging port - Refusal by authorities to permit repairs-Delay-Claim by owners for hire; alternatively, for damages -Award of damages by umpire-Umpire's finding as to cause-Right of Court to interfere with quantum-Baltime Charter-party, 1920.

DAY v. HARLAND & WOLFF, LTD.

[1953] 2 Lloyd's Rep 58

Shipbuilding Regulations, 1931-Staging in public dry dock-Painter's fall from staging while painting bottom plates of vessel with anti-fouling paint-Applicability of Regulations to "repair of ships in shipbuilding yards"- Duty of occupier to maintain staging "in such condition as to ensure the safety of all persons employed" - Alleged slipperiness of staging due to presence of oil - Whether painting constituted repair - Meaning of repair-Contributory negligence- Regulation 11.

WOODS v. W. H. RHODES & SON, LTD., AND ANOTHER.

[1953] 2 Lloyd's Rep 71

Docks Regulations, 1934 - Safe premiss - Approaches to and from working place - Maintenance-Unsafe stowage of "save-all" in dock shed-Potential danger to persons employed-Fatal injuries to dock labourer- Liability (1) of employers; and (2) of dock board as having "general management and control" of dock area-Duties-Regulation 1 -Contributory negligence - Volenti non fit injuria. Practice-Appeal-Ground of appeal-Issue of writ alleging negligence and/or breach of statutory duty-No allegation of negligence made in statement of claim or at hearing - Judgment confined to issue of breach of statutory duty - No right to rake issue of negligence on appeal. Practice - Appeal - Indemnity - Judgment entered for plaintiff against first and second defendants - Order of Court that second defendants should indemnify first defendants -Notice of appal by second defendants confined to issue of liability-Appeal allowed -Order of indemnify thereby nullified.

SWAN, HUNTER, AND WIGHAM RICHARDSON, LTD. v. FRANCE FENWICK TYNE AND WEAR COMPANY, LTD. [THE "ALBION."]

[1953] 2 Lloyd's Rep 82

Towage-Conditions of towage-Construction- Collision between plaintiffs' steamship and uncompleted aircraft carrier while in tow - Aircraft carrier alone to blame - Blame apportioned between towage contractors and shipbuilders - Breach of contract by towage contractors-Right to indemnity from shipbuilders who had employed towage contractors to undertake tow.

THE "ASSUNZIONE."

[1953] 2 Lloyd's Rep 91

Conflict of laws-Contract of affreightment - Proper law-Law of flag-Lex loci contractus -Charter-party on English form signed in Paris-Shipment by French charterers at French port in Italian vessel for delivery at Italian port - Bills of lading in French language-Intention of parties-Matters to be taken into consideration-Convenience- Business efficacy.

H. E. DANIEL, LTD. v. CARMEL EXPORTERS & IMPORTERS, LTD.

[1953] 2 Lloyd's Rep 103

Arbitration-Award-Validity-Sale of goods- Award in quality arbitration in favour of buyers-Second award on description also in favour of buyers - Refusal by sellers to participate in second arbitration or to recognize second award - Res judicata - Jurisdiction of arbitrators-General Produce Brokers' Association of London Contract (C.I.F. Form), No. 1.

STUART v. COMBEN LONGSTAFF & CO., LTD.

[1953] 2 Lloyd's Rep 112

Negligence - System of working - Fellow employee - Lowering of hatch covers by means of winch - Plaintiff seaman's hand trapped in pulley-Alleged negligence of boatswain who operated winch - Res ipsa loquitur-Contributory negligence.

CULLING v. PORT OF LONDON AUTHORITY.

[1953] 2 Lloyd's Rep 117

Negligence - Unusual danger - Sliding door to dock shed-Plaintiff's fingers trapped when endeavouring to open door-Alleged faulty design-Maintenance.

SCANLAN v. T. F. MALTBY, LTD.

[1953] 2 Lloyd's Rep 122

Negligence-Means of access-Jacob's ladder from ship to barge-Stevedore's fall from ladder- Ladder swinging free below counter-Unusual danger-Liability of employers.

SVENSKA TRAKTOR AKTIEBOLAGET v. MARITIME AGENCIES (SOUTHAMPTON), LTD.

[1953] 2 Lloyd's Rep 124

Bill of lading-Deck cargo-Loss-Perils of the sea-"Liberty to carry goods on deck and shipowners will not be responsible for any loss, damage, or claim arising therefrom"- No statement in bill of lading that goods were so carried-Care of cargo-Weather not abnormal-Whether clause wholly repugnant to Carriage of Goods by Sea Act, 1924 - Severability - Sect. 1, Schedule, Arts. I (c), III (2), (8), IV (2).

OSGOOD v. THAMES STEVEDORING COMPANY AND BLACKFRIARS LIGHTERAGE & CARTAGE COMPANY, LTD.

[1953] 2 Lloyd's Rep 134

Negligence-System of working-Unusual danger -Loading of barge alongside ship-Overside tally clerk working in barge-Hatch covers of barge stacked at side of open hold-Spilling of set of cargo-Hatch cover stepped on by tally clerk to check spilled set-Fall into hold-Liability of employers and/or of bargeowners - Unusual danger - Normal method of stacking hatch covers - Contributory negligence.

MONCRIEFF v. SWAN, HUNTER, AND WIGHAM RICHARDSON, LTD.

[1953] 2 Lloyd's Rep 149

Factories Act, 1937-Means of access-Dry dock- Fall from dock sill-Claim against employers.

"THE MONARCH."

[1953] 2 Lloyd's Rep 151

Collision-Fog-Anchored vessel-Signals-Duty of ship approaching fog bank-Speed-Lookout -Collision Regulations, Art. 16.

THE "S. D. SEVERN."

[1953] 2 Lloyd's Rep 158

Collision-Dredger-Duty of other vessels to avoid -Warning of dredging operations contained in Notice to Mariners-Vessel entering and leaving side channels-Seamanship.

LATTIMER v. ORIENT STEAM NAVIGATION COMPANY, LTD

[1953] 2 Lloyd's Rep 166

Negligence-Damages-Assessment.

FRATELLI SCHIAVO DI GENNARO v. RICHARD J. HALL, LTD.

[1953] 2 Lloyd's Rep 169

Arbitration-Award-Motion to set aside or to remit-Dispute between buyers and sellers- Award in favour of buyers-Case stated- Insufficient facts for determination of question for Court-Appropriate remedy.

A. E. FARR, LTD. v. ADMIRALTY.

[1953] 2 Lloyd's Rep 173

Contract-Erection of naval jetty-Works carried out by contractors under Admiralty orders- Damage to jetty due to negligent navigation of H.M. ship-Repairs effected by contractors -Liability of Admiralty for cost-Contractors responsible for and required to make good "any loss or damage thereto arising from any cause whatsoever"-Construction.

McKIE v. CARRON & CONTINENTAL WHARVES, LTD.

[1953] 2 Lloyd's Rep 177

Negligence-Damage-Assessment.

ROUSE v. PORT OF LONDON AUTHORITY.

[1953] 2 Lloyd's Rep 179

Negligence-Safe appliances-Docks-Loading of cargo into vessel-Use of bogies for conveyance of cargo for shed-Overturning of load - Personal injuries sustained by dock labourer-Contributory negligence.

SOCIETE CAPA SOCIETE A RESPONSABILITE LIMITEE v. ACATOS & CO., LTD. (IN VOLUNTARY LIQUIDATION).

[1953] 2 Lloyd's Rep 185

Contract - Sale of goods - Formation - Whether firm contract concluded - Samples to be approved-Waiver-Note or memorandum in writing-Letter repudiating contract-sale of Goods Act, 1893, Sect. 4.

OAKLAND METAL COMPANY, LTD. v. D. BENAIM & CO., LTD.

[1953] 2 Lloyd's Rep 192

Arbitration-Award-Validity-Arbitration rules not agreed between parties - Partnership (party to dispute) converted into limited company during course of dispute-Arbitrator unqualified to act under rules adopted- Jurisdiction of arbitrators-Waiver-Award out of time under rules - Discretion of Court to enlarge-Arbitration Act, 1950, Sect. 13 (2). Arbitration - Award - Motion to set aside - Misconduct of arbitrators - Opportunity for parties to be heard-Error in law on face- Criticism of wording - National Association of Non-Ferrous Scrap Metal Merchants' Rules-Rules 8, 9, 10.

McDONALD v. A. E. SMITH COGGINS, LTD., AND RAILWAY EXECUTIVE.

[1953] 2 Lloyd's Rep 203

Negligence-System of working-Supervision- Unloading of railway truck in docks-Unsafe load - Unusual danger - Injury to dock labourer - Liability of employers and/or of Railway Executive - Costs - Place for taxation.

THE "GLOMAR."

[1953] 2 Lloyd's Rep 208

Admiralty practice-New trial-Salvage action- Fresh evidence - Power of County Court Judge to order new trial - Discretion of Court - County Court Rules, Order 37 - R.S.C., Order 59, r. 18.

LOUTFI v. CZARNIKOW, LTD.

[1953] 2 Lloyd's Rep 213

Contract - Sale of goods - Offer and acceptance - Consensus ad idem - Failure by buyer to open letter of credit complying with sellers' original offer-Reopening of negotiations by buyer - Sellers' further offer stipulating amendment to letter of credit with option to ship smaller quantity - Letter of credit covering full quantity-Authority of sellers' agent to accept - Agent aware that sellers required option to be specified in letter of credit-Non-delivery-Damages-Proof.

FREDERICK E. ROSE (LONDON), LTD. v. WM. H. PIM, JUNR., & CO., LTD.

[1953] 2 Lloyd's Rep 238

Contract-Sale of goods-Rectification-Mutual mistake as to subject-matter - "Horsebeans described [in Egypt as] feveroles"-Mutual belief that "feveroles" and "horsebeans, f.a.q." were identical - Sale of "horsebeans, f.a.q."-Written contract correctly expressing oral agreement.

THE "GERDA TOFT."

[1953] 2 Lloyd's Rep 249

Collision - River - Anchored vessels - Dragging -Foul berth-Look-out-Dispute as to which vessel dragged.

THE "MACGREGOR LAIRD."

[1953] 2 Lloyd's Rep 259

Salvage-River-Ship moored at tier fore and aft -Parting of forward moorings in gale-Remooring of ship with assistance of seven tugs and ten foyboatmen-Whether foyboatmen's services outside normal duties - Essential nature of services.

EDWARDS v. GRIFFITHS.

[1953] 2 Lloyd's Rep 269

Road Traffic Act, 1930-Driving uninsured motor vehicle - Agricultural tractor - Licence previously held-Prohibition by local health authority under Mental Deficiency Acts - Policy covering policy-holder and any person driving with his permission "provided the person driving . . . has held and is not disqualified for holding . . . a licence"- Meaning of "disqualified" - Sects. 4 (2), (6), 5 (1), (2), (4), 35 (1).

CUSHWAY v. MILLS & KNIGHT, LTD., AND POOL SHIPPING COMPANY, LTD.; RISBY v. SAME.

[1953] 2 Lloyd's Rep 273

Negligence-System of working-Safe premises- Escape of steam and boiling water during repairs to ship's circulating pump, injuring repairers' employees - Unusual danger - Liability of ship-repairers and/or shipowners -Severable negligence.

PELHAMS (MATERIALS), LTD. v. MERCANTILE COMMODITIES SYNDICATE; MACLEOD, ROSS & CO., LTD. (THIRD PARTIES).

[1953] 2 Lloyd's Rep 281

Sale of goods-Breach-Sale by sample or description - Resale - Goods not complying with sample or description - Sellers in breach - Right of buyers to reject - Rejection not pleaded, buyers claiming rescission and loss of profit; in the alternative, damages for breach of warranty-Property in goods transferred to sub-buyers-Act "inconsistent with the ownership of the seller" - Defect in pleadings-Measure of damages-Proof-Costs -Sale of Goods Act, 1893. Sects. 34 (1). 35.

CEYLON MOTOR INSURANCE ASSOCIATION, LTD. v. THAMBUGALA.

[1953] 2 Lloyd's Rep 289

Ceylon-Motor insurance-Third party-Accident- Liability of insurance company-Notice of action given by third party to insurance company-Sufficiency of notice-Motor Car Ordinance, No. 45 of 1938, Sects. 133, 134.

ATLANTIC MARITIME COMPANY, INC. v. GIBBON.

[1953] 2 Lloyd's Rep 294

Marine Insurance - Freight policy - Loss - Restraint of princes - Civil war - Delay - Vessel under voyage charter ordered to leave loading port by Chinese warships-Master's compliance with order, no cargo being loaded -Whether voluntary act-No attempt to return - New charter fixed by owners - Quantification of loss - "Warranted free of any claim based upon loss of, or frustration of, any voyage" caused by restraint of princes- "Warranted free of loss proximately caused by delay" - "Institute War and Strikes Clauses: Freight-Time"-"Institute Time Clauses-Freight."

THE "STONEDALE NO. 1."

[1953] 2 Lloyd's Rep 319

Limitation of liability-Wreck-raising expenses- Expenses incurred by canal company- Negligent navigation of ship-Sinking after grounding-Cost of raising wreck-Right of shipowners to limit-Statutory right of canal company to recover such expenses under Private Act-Applicability of Public General Act-"Injury or damage"-"Loss or damage . . . caused to property or rights of any kind . . . by reason of the improper navigation or management of the ship"-Manchester Ship Canal Act, 1897, Sect. 9-Manchester Ship Canal Act, 1936, Sect. 32-Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sects. 1, 3.

WALKER v. D'ARCY KUWAIT COMPANY, LTD.

[1953] 2 Lloyd's Rep 329

Negligence-Inevitable accident-Personal injuries sustained by passenger in launch-Transfer from one launch to another-Alleged negligence of seamen in charge-Proof.

BUTCHER v. MINISTER OF PENSIONS.

[1953] 2 Lloyd's Rep 336

Pensions (Mercantile Marine) Act, 1942-Injury to master on returning to ship after convoy conference-Heavy swell-Injury attributable to measures taken "as a precaution in anticipation of enemy action against ships"- Whether such measures "substantially increased the risk of the peril occurring which caused the injury"-Sect. 1 (2) (a), (3).

MUNDAY v. SOUTH EASTERN GAS BOARD (PORT OF LONDON AUTHORITY, THIRD PARTIES).

[1953] 2 Lloyd's Rep 339

Negligence-Collision between barge (in tow) and drawbridge over cutting in dock-Injury to workman repairing bridge-One leaf raised- Duty of bridgeman (dock authority's servant) to warn tug that other leaf could not be raised -Negligent navigation of tug-Defect in drawbridge known to tugmaster-Liability of dock authorities and/or tugowners.

KEEN v. LYKIARDOPULO.

[1953] 2 Lloyd's Rep 349

Negligence-Unusual danger-Unloading of vessel -Bagged cargo of sugar-Bad stowage- Accident to stevedore-Claim against shipowner as invitor.

T. H. ADAMSON & SONS v. LIVERPOOL AND LONDON AND GLOBE INSURANCE COMPANY, LTD.

[1953] 2 Lloyd's Rep 355

Insurance-"Cash in transit" policy-Claim- Losses extending over period of years- -Insurance company not liable "in respect of any loss which has not been notified to the company within fourteen days of its occurrence"-Extent of recovery.

THE "WAZIRISTAN."

[1953] 2 Lloyd's Rep 361

Negligent navigation-Hampering-Grounding in river causing obstruction-Excessive draught -Grounding of following vessel-Chain of causation-Compulsory pilotage area (Iraq)- Alleged negligence of ship's agent; of master; of pilot-Liability of shipowners for pilot's negligence-Iraqi law.

CHRISTOPHER BROWN, LTD. v. GENOSSENSCHAFT OESTERREICHISCHER WALDBESITZER, HOLZWIRTSCHAFTSBETRIEBE REGISTRIERTE GENOSSENSCHAFT MIT BESCHRANKTER HAFTUNG.

[1953] 2 Lloyd's Rep 373

Arbitration - Arbitrators - Jurisdiction - Dispute arising "regarding the execution of the contract"-Meaning of "execution"- Ambiguity - Admissibility of extrinsic evidence as to nature of dispute-Award made by arbitrators after first considering question whether or not they had jurisdiction- Enforceability of award.

ROSS T. SMYTH & CO., LTD. v. W. N. LINDSAY, LTD.

[1953] 2 Lloyd's Rep 378

Sale of goods-Prohibition of export-Failure by sellers to ship-Contract period of shipment time curtailed by Italian Government regulation -Effect-Duty of sellers to take steps within limited period-No evidence of such steps being taken-Award that performance became impossible by reason of change in law -Implication to be derived from arbitrators' findings.

COMMISSIONERS OF CUSTOMS AND EXCISE v. HEBSON, LTD.; SAME v. D. S. BLAIBER & CO., LTD.

[1953] 2 Lloyd's Rep 382

Customs-Imports-Prohibited goods-Forfeiture -Importation of certain goods permitted under Board of Trade licence-Open General Licence for import of halva-Importation of sugar-almond mixture described in Customs entry as "halva" - Seizure by Customs authorities-Dispute as to whether prohibited goods - Meaning of "halva" - Estoppel- Whether "reasonable or probable cause of seizure" - Customs Consolidation Act, 1876, Sects. 67, 177, 259, 267-Import, Export and Customs Powers (Defence) Act, 1939, Sects. 1, 3, 9-Import of Goods (Control) Orders, 1940 and 1945-Notice to Importers No. 492 (issued on May 1, 1952).

SOUTHPORT CORPORATION v. ESSO PETROLEUM COMPANY, LTD., AND ANOTHER.

[1953] 2 Lloyd's Rep 414

Negligence - Oil pollution of coastal waters - Highway-Nuisance-Trespass-Stranding of ship in river estuary-Jettisoning of oil cargo -Pollution of foreshore-Alleged negligence of master-Liability of shipowners-Cause of action in nuisance and/or trespass-Discharge of oil reasonably necessary-Stranding due to defect in steering - Defect due to fractured stern frame-Cause of fracture unknown- Proof of negligence-Res ipsa loquitur-Onus of proof on defendant shipowners.

D. S. BLAIBER & CO., LTD. v. LEOPOLD NEWBORNE (LONDON), LTD.

[1953] 2 Lloyd's Rep 427

Arbitration-Award-Motion to set aside-Error of law on face-Dispute under contract for sale of goods-Contract referred to generally -No reference made to any particular term -Whether terms of contract impliedly incorporated.

WATTS v. SHAW SAVILL & ALBION COMPANY, LTD.

[1953] 2 Lloyd's Rep 430

Negligence-System of working-Loading of boxed motor cars into hold of vessel-Plaintiff dock labourer struck by hook, part of lowering gear -Res ipsa loquitur-Absence of negligence- Onus of proof.

THE "MURDOCH."

[1953] 2 Lloyd's Rep 433

Collision-River-Starboard-hand rule-Tug and tow (bound down) and motor vessel (bound up) approaching each other at bend in river- Port helm action taken by tug and tow without signalling - Justification - Alleged sheer to port by motor vessel after smelling ground-Whether tug adequately manned.

SOCIETA ANONIMA ANGELO CASTELLETTI v. TRANSMARITIME, LTD. (H. WOODWARD & SONS (WATFORD), LTD., THIRD PARTIES).

[1953] 2 Lloyd's Rep 440

Forwarding agents-Freight charges-Collection- Instructions given to sub-agents - Goods released to consignees contrary to instructions -Extinguishment of alleged possessory lien- Value of lien-Perishable nature of goods- Liability of consignees under alleged agreement made with sub-agents - Consignees joined by sub-agents as third parties-Right of sub-agents to sue on their own behalf.

MURRAY v. LARSEN.

[1953] 2 Lloyd's Rep 453

Sale of ship-Fraudulent misrepresentation as to seaworthiness-Rescission of contract.

SOCIETE ANONYME MARITIME ET COMMERCIALE v. ANGLO-IRANIAN OIL COMPANY, LTD.

[1953] 2 Lloyd's Rep 466

Charter-party-Substitution of chartered vessel- Time-charter for series of voyages-Owners given option to substitute "vessel of similar size and position at any time before or during this charter-party"-Extent of option-Right to substitute more than once-Commercial object of substitution clause.

COMPANIA DE NAVIGACION ZITA, S.A. v. LOUIS DREYFUS & CIE.

[1953] 2 Lloyd's Rep 472

Charter-party - Lay days-Calculation-"Cargo to be loaded . . . at an average rate of 150 metric tons per available workable hatch per weather working day"-Meaning.

LOVE v. CANADIAN PACIFIC STEAMSHIPS, LTD.

[1953] 2 Lloyd's Rep 478

Negligence - Unusual danger - Ring bolts on 'tween deck round hatchway - Protruding bolts-Whether unusual danger to stevedores.

PAYNE-CROFTS (TRADING AS CO-ORDINATED TRAFFIC SERVICES) v. AIRD BROTHERS, LTD., AND BRITISH TRANSPORT COMMISSION.

[1953] 2 Lloyd's Rep 482

Carriers-Bailment-Goods deposited in bailees' warehouse-Instructions for delivery given by bailors-Goods belonging to other bailors handed over to carriers, who passed them on to second carriers to effect delivery - Negligence of bailees - Failure by second carriers to deliver total of goods received for carriage-Right of bailees to sue, bailees having settled claim for breach of bailment brought by other bailors.

COMPAGNIE DE COMMERCE ET COMMISSION, S.A.R.L. v. PARKINSON STOVE COMPANY, LTD.

[1953] 2 Lloyd's Rep 487

Contract-Sale of goods-Offer and acceptance- Consensus ad idem-Formal acceptance slip not signed-Intention of partied as disclosed by previous and subsequent conduct.

HOUGHTON v. TRAFALGAR INSURANCE COMPANY, LTD.

[1953] 2 Lloyd's Rep 503

Motor insurance-Cover note-Accident occurring before issue of policy-Passenger risk not included in policy - Cover note providing "Full comp."-Marginal note in proposal form excluding "legal liability to passengers" -Exclusion of liability for damage arising while "conveying any load in excess of that for which it was constructed"-Six occupants in 5-seater car-Overloading-Matters to be taken into account.

HOLT AND OTHERS v. COMMISSIONERS OF INLAND REVENUE.

[1953] 2 Lloyd's Rep 506

Revenue-Estate duty-Shares in private company - Valuation - Restriction on transfer - Minority holding - Matters to be considered- Finance Act, 1894, Sect. 7 (5).

READING v. HARLAND & WOLFF, LTD.

[1953] 2 Lloyd's Rep 518

Negligence-Means of access-Repair to ship's derrick-Windlass cover used as platform by scaler-Fall in descending from windlass- Whether ship-repairers under duty to provide staging-Risk incident to employment as scaler.

VARIDEX (LONDON), LTD. v. DOUDNEY, BLAIR & CO., LTD., AND BLAIR & CO., LTD.

[1953] 2 Lloyd's Rep 521

Contract-Sale of goods-Repudiation by buyers- Offer and acceptance-Whether firm contract concluded-Animus contrahendi.

LYNCH v. HARLAND & WOLFF, LTD.

[1953] 2 Lloyd's Rep 536

NOWLAN v. MACANDREWS & CO., LTD., AND CHARLES HILL & SONS, LTD.

[1953] 2 Lloyd's Rep 540

Damages - Assessment - Personal injuries claim.

GILL & DUFFUS (LIVERPOOL), LTD. v. SCRUTTONS, LTD.

[1953] 2 Lloyd's Rep 545

Master porters-Delivery of cargo-Chestnuts in bags-Bursting of bags-Consignments intermixed -Rebagging of mixed loose collected- Distribution to consignees-Duty of master porters to weigh and apportion-Method of apportionment between consignees as tenants in common-Custom of port-Mersey Docks (Corporation Purchase) Act, 1861, Sects. 23, 24-Mersey Docks and Harbour Board (Master Porterage) By-laws, By-law 2.

THE "SANDEFJORD."

[1953] 2 Lloyd's Rep 557

Salvage-Pilot Stranding of ship on Goodwin Sands-Refloating by adoption of method proposed by pilot-Recommendation that tugs should not be engaged-Advisability.

THE "CATFORD."

[1953] 2 Lloyd's Rep 562

Collision - River - Crossing - Anchored vessel - Manoeuvres taken preparatory to crossing river-Collision with barge in tow-Duty of crossing vessel to do so "at a proper time"- Port of London River By-laws, 1938, Rule 39. Preliminary Act-Admissions binding on parties making them.

KIANTA OSAKEYHTIO v. BRITAIN & OVERSEAS TRADING COMPANY, LTD.

[1953] 2 Lloyd's Rep 569

Arbitration - Award - Enforcement - Breach of foreign timber contract containing arbitration clause-Compromise of dispute, further contract being entered into, together with provisions for payment of compensation by English buyers-Further contract not carried out owing to outbreak of war-No payments made by buyers under "compensation" agreement-Award by foreign arbitration tribunal in favour of sellers-Jurisdiction of arbitrators-Applicability of arbitration clause in original contract-Foreign law- Arbitration Act, 1950, Sect. 37 (1) (a), (2) (c).

TAYLOR v. CONVOYS, LTD.

[1953] 2 Lloyd's Rep 578

Negligence-System of working-Discharge of ship-Unloading of reels of paper from lower hold-Duty of employers-Prevention of list.

SMEATON, HANSCOMB & CO., LTD. v. SASSOON I. SETTY, SON & CO.

[1953] 2 Lloyd's Rep 580

Contract-Sale of goods-Arbitration clause- Limitation of time clause-Buyers to accept and pay for goods as shipped-Right to claim compensation for breach-Differences to be referred to arbitration-"Any claim must be made within 14 days . . ."-Claim by buyers for breach of contract made out of time- Alleged fundamental breach by sellers- Buyers' right to reject-Applicability of limitation clause-Whether buyers' claim time-barred. Arbitration-Costs of award-Discretion of arbitrator-Award that costs should be paid by one party whatever result of case stated for opinion of Court-No reason given-Duty of arbitrator to exercise his discretion judicially-Usual rule-Jurisdiction of Court to review arbitrator's order-Arbitration Act, 1950, Sect. 18 (1), (3).

JOHN MARTIN OF LONDON, LTD. v. A. E. TAYLOR & CO., LTD.

[1953] 2 Lloyd's Rep 589

Contract-Sale of goods (c.i.f.)-Rejection of documents as not being in accordance with contract-"Insurance policy/certificate and/or indemnity in lieu thereof"-Indemnity clause stamped on invoices-Whether a sufficient compliance-"Lodgement number to be advised"-Alleged right to reject if number not given with documents-Directory condition-Measure of damages-Market value at date of breach-Sale of Goods Act, 1893, Sect. 50 (3).

GORMAN v. CALEDONIA STEVEDORING COMPANY, LTD. (DOCK SERVICES, LTD., THIRD PARTIES).

[1953] 2 Lloyd's Rep 596

Negligence-Safe plant-Defective bogie-Alleged breakdown of gears, steering and brakes.

CONNOR v. PORT OF LIVERPOOL STEVEDORING COMPANY, LTD.

[1953] 2 Lloyd's Rep 604

Negligence-Fellow-employee-Contributory negligence -Discharge of ship by board slings -Board sling loaded by plaintiff dock labourer and his mate-Fall of carton from board sling, injuring plaintiff-Negligence of both plaintiff and his mate-Vicarious liability of employers-Law Reform (Contributory Negligence) Act, 1945, Sect. 1. Practice-Pleading-Costs.

"THELMA" (OWNERS) v. UNIVERSITY COLLEGE SCHOOL.

[1953] 2 Lloyd's Rep 613

Collision-River-Racing eight-Practice row- Umpire's launch lying practically stationary athwart river after turning-Look-out- Obligation of vessels navigating in river on occasion of regatta-Duty of vessel turning- Thames Conservancy (Navigation and General) By-laws, 1934, By-laws 13, 25, 36. Principal and agent-School and pupil-Use of racing eight (school property) in regatta- Negligence of pupil-Liability of school- Scope of pupil's agency.

THE "PRINCESS VICTORIA." IN RE THE MERCHANT SHIPPING ACTS, 1894-1923.

[1953] 2 Lloyd's Rep 619

Merchant Shipping Acts, 1894-1923-Unseaworthiness -"Wrongful act or default" of owners and managers of ship-Sinking of ship in rough but not exceptional seas- Cause of disaster-Ship designed as car ferry -Suitability for service not established- Continuing duty of owners to provide seaworthy ship-Evidence of incidents on previous voyages which should have put owners and managers on inquiry-Inadequacy of stern doors and freeing ports-Appeal against finding of Court of Inquiry that loss was caused or contributed to by default of owners and managers-Breach of common law and/or statutory duty-Merchant Shipping Act, 1894, Sects. 425, 466 (11). 470 (1)- Merchant Shipping Act, 1906, Sect. 66-Load Line Rules, 1941, Regulation 35.

DUNSTER v. ABBOTT.

[1953] 2 Lloyd's Rep 639

Negligence-Dangerous premises-Means of access -Occupier-Duty of care towards canvasser- Unfruitful visit-Invitee or licensee-Obligation of invitee (or licensee) to use reasonable care for his own safety.

HOOK v. CONSOLIDATED FISHERIES, LTD.

[1953] 2 Lloyd's Rep 647

Negligence-System of working-Adjustment of compasses-Mooring of trawler to dolphin in harbour-Injury to seaman ordered by master to jump from trawler on to dolphin-Liability of shipowners-Evidence of common practice -Availability of safer alternative method- Discretion of master-Merchant Shipping Act, 1894, Sect. 503.

McDONALD v. MOLLER LINE (U.K.), LTD.

[1953] 2 Lloyd's Rep 662

Master and servant-Contract of service-Breach -Wrongful dismissal-Marine superintendent ordered to take up position at foreign port- Refusal to undergo inoculations and vaccination or to take up position - Allergy to inoculations and vaccination-Consequent risk to health-Whether employers justified in ordering superintendent abroad-Superintendent aware when contract entered into that such order might be given.

BROWN v. ELDER DEMPSTER LINES, LTD.

[1953] 2 Lloyd's Rep 667

Negligence - Follow-employee - Reassembling of derrick block on board ship-Hand inserted by deckhand in block for purpose of centring sheave to receive pin-Pin dropped through block by fellow-employee, injuring deckhand's finger-Contributory negligence.

OLIVER v. MONTGOMERIE & WORKMAN, LTD.

[1953] 2 Lloyd's Rep 672

Negligence-Stevedores-Bad stowage-Liability of loading stevedores to dock labourer injured during discharge of cargo of baled rubber from barge-Evidence of normal method of stowage.

CUTTERHAM AND OTHERS v. SILVERTOWN SERVICES, LTD.

[1953] 2 Lloyd's Rep 677

Negligence-Mooring of barge-Barge loaded with bagged cargo stowed in tiers-Shooting of cargo during discharge-Injuries to lightermen -Dispute as to cause of fall-Alleged excessive ranging of barge due to removal of mooring ropes-Onus of proof.

NELSON v. PACIFIC STEAM NAVIGATION COMPANY AND THE PORT OF LIVERPOOL STEVEDORING COMPANY, LTD.

[1953] 2 Lloyd's Rep 685

Negligence - Safe plant - Ship's winch - Winchman's fall from winch platform-Absence of safeguards, bearing in mind size of platform and height from deck-Risk of fall and injury reasonably foreseeable - Liability of shipowners and employers.

TARTT v. MERSEY DOCKS AND HARBOUR BOARD.

[1953] 2 Lloyd's Rep 690

Negligence-Crane driver-Signalman struck by mobile crane-Crane driver's arc of vision limited-Duty of signalman to inform driver when it was safe to proceed-Signal given- Alleged subsequent negligence of driver- Contributory negligence.

CLAYTON v. J. RUSSELL & CO.

[1953] 2 Lloyd's Rep 692

Shipbuilding Regulations, 1931-Means of access- Ship's gangway-Slipperiness due to patch of oil-Obligation to provide "safe means of access" - Meaning of "safe" - Regulations 1, 2.

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

[1953] 2 Lloyd's Rep 696

Negligence-Safe plant-Wire sling for hoisting cargo-Injury to dock labourer owing to frayed wire-Claim against employers - Unnecessary risk.

PARTAFELAGID FARMUR v. GRANGEMOUTH AND FORTH TOWING COMPANY, LTD.

[1953] 2 Lloyd's Rep 699

Towage-Contract of towage-"What towing" -Collision between tug and tow due to negligence of tug-Whether tug "in a position to receive orders" and whether orders in fact given by tow-United Kingdom Standard Towage Conditions.

TILLETT v. J. S. DOIG (GRIMSBY), LTD.

[1953] 2 Lloyd's Rep 707

Negligence-System of working-Safe plant- Repairs to ship in wet dock-Construction of lift shaft - Erection of staging - Staging secured by wedges - Wedges removed by unknown person-Workman's fall down lift shaft owing to staging swinging-Liability of employers (ship-repairers).

THE "ASSUNZIONE."

[1953] 2 Lloyd's Rep 716

Conflict of laws - Contract of affreightment - Proper law-Law of flag-Lex loci contractus -Charter-party on English form signed in Paris - Shipment by charterers (French Government agency) at French port in Italian vessel for delivery to Italian consignees at Italian port - Bills of lading in French language-Freight and demurrage to be paid in Italy in Italian currency - Claim by charterers in respect of damage and short delivery of cargo-Dispute as to law applicable -Presumed intention of parties-Matters to be taken into consideration.

TIBERGHIEN DRAPERIE SOCIETE A RESPONSABILITE LIMITEE v. GREENBERG & SONS (MANTLES), LTD.

[1953] 2 Lloyd's Rep 739

Sale of goods-Repudiation by buyers-Claim by French sellers for price - Dispute as to contract terms-"47s. 10d. c.i.f."-Payment to be made 30 days after invoice-Obligation upon sellers to send goods to London - Transit effected by forwarding agents nominated by buyers-Goods received in customs warehouse at Folkestone-Failure by buyers to give clearance instructions or to pay customs duty-Alleged implied term that goods should have been delivered in bond in London-Further claim by buyers that they were entitled to reject on ground of defective quality.

A. F. TRADING (LONDON), LTD. v. EFFRA SALES & SERVICE, LTD.

[1953] 2 Lloyd's Rep 747

Contract-Sale of goods-Rejection by buyers- Suitability - Sub-contract to supply motor spares to foreign Government-Payment on receipt of inspector's certificate - Sample tendered by sub-contractors-No inspection- No certificate issued-Right of buyers to reject-Whether spares in accordance with specification-Degree of tolerance permitted.

FOUAD BISHARA JABBOUR AND KAMAL BISHARA JABBOUR (TRADING AS MESSRS. F. & K. JABBOUR) v. CUSTODIAN OF ABSENTEE PROPERTY FOR THE STATE OF ISRAEL.

[1953] 2 Lloyd's Rep 760

Conflict of laws-Israeli law-Fire insurance- Property in Israel-Loss-Agreed settlement by insurers-Assured's change of residence to Egypt-Claim by assured to sum due disputed by Custodian of Absentee Property-Vesting in Custodian of "property" belonging to "absentee"-Nature of indemnity due under insurance policy-Chose in action-Assignability -Law applicable-Lex situs or proper law of contract-Whether Israeli legislation confiscatory-Civil Procedure Ordinance, 1938 - Emergency Regulations (Properties of Absentees), 1948-Absentees' Property Law, 1950.

THE "SANDEFJORD."

[1953] 2 Lloyd's Rep 789

Salvage action-Services rendered by pilot in charge of ship stranded on Goodwin Sands- Admission by defendants of facts alleged by plaintiff in statement of claim-Denial by defendants of inferences to be drawn therefrom -Exaggeration of danger-Application by plaintiff to put in ship's logs and to give oral evidence in support of inferences to be drawn -Exceptional circumstances of case-Local knowledge of pilot-Value of services in part dependent upon personality of pilot-Leave granted.

Lloyd's Law Reports