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THE "PRINS ALEXANDER."

[1955] 2 Lloyd's Rep 1

Collision - Radar - Fog - Excessive speed - Alteration of course before visual sighting - Use of radar in fog - Whether position of ship can be "ascertained" by radar observations - Collision Regulations, 1910, Art. 16.

THE "STONEDALE NO. 1."

[1955] 2 Lloyd's Rep 9

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.

JONES v. A. E. SMITH COGGINS, LTD.

[1955] 2 Lloyd's Rep 17

Negligence-Proof-Unloading of vessel-Bad stowage-Unsafe premises-Injury to dock labourer-Liability of master stevedores- Decision of County Court Judge based on point neither pleaded nor argued-Appeal.

MILO v. QUEEN STEAM FISHING COMPANY, LTD., AND GEORGE F. SLEIGHT & SONS, LTD. (THE "CLOTILDE" AND THE "RECORDO.")

[1955] 2 Lloyd's Rep 20

Negligence-Personal injury claim by ship's cook -Fall from ship's ladder alleged to be due to collision with another vessel-Evidence of slight contact-Whether evidence of negligence -Normal risk of employment as seaman-Contributory negligence.

HONEYMAN v. ORIENT STEAM NAVIGATION COMPANY, LTD.

[1955] 2 Lloyd's Rep 27

Negligence-System of working-Hoisting of coil of wire rope from quayside on to ship- Seaman standing on stringer of accommodation ladder housed outboard-Fatal fall- Liability of shipowners-Absence of lifeline -Whether risk a necessary incident of employment-Volenti non fit injuria.

GLYN v. ROYAL MAIL LINES, LTD., AND SMITH.

[1955] 2 Lloyd's Rep 34

Negligence-Safe premises-Passenger vessel- Deck-quoit board on deck-Injury to passenger-Alleged negligence in putting out quoit board on deck in prevailing weather- Liability of shipowners and/or master.

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

[1955] 2 Lloyd's Rep 37

Negligence-Unusual danger-Duty of invitors- Open hatchway on deck of barge-Injury to dock labourer emerging from hold- Liability of barge-owners.

WEAVER v. GLEN LINE, LTD.

[1955] 2 Lloyd's Rep 46

Negligence-Docks-Unsafe premises-Quayside alleged to be slippery with oil-Injury to dock labourer-Onus of proof.

HALL, MILLER, NEAVERSON & CO., LTD. v. J. JOHNSON & SON, LTD.

[1955] 2 Lloyd's Rep 47

Sale of goods-Quality-Fitness for purpose- Seed potatoes-Express and implied warranties as to size and soil-Substituted contract -Rejection by buyers-Claim by sellers for price-Reliance by buyers upon alleged warranty given in respect of original contract -De minimis.

MACPHERSON TRAIN & CO., LTD. v. J. MILHEM & SONS.

[1955] 2 Lloyd's Rep 59

Arbitration-Award in form of special case- Motion to set aside or remit-Misconduct of umpire-Admission of evidence strictly inadmissible-Whether umpire should set out whole of evidence justifying finding-Misstatement of arguments-London General Produce Brokers' Association Rules, No. 51.

SMITHERS v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

[1955] 2 Lloyd's Rep 67

Negligence-Fellow-employee-Unloading of vessel in dock-Dock labourer struck by crane hook -Alleged negligence of crane driver- Liability of employers.

N. V. HANDEL MY. J. SMITS IMPORT-EXPORT v. ENGLISH EXPORTERS (LONDON), LTD.

[1955] 2 Lloyd's Rep 69

Conflict of laws-Contract-Sale of goods f.o.b. Rotterdam-Failure by buyers to arrange for shipping space-Alleged variation of normal obligations under f.o.b. contract-Measure of damages-Remoteness-Whether English or Dutch law applicable.

NORTH RIVER FREIGHTERS, LTD. v. PRESIDENT OF INDIA.

[1955] 2 Lloyd's Rep 73

Charter-party-Demurrage-Lay days-"One safe berth Dairen"-Lay days to commence 24 hours after notice of readiness-"Time lost in waiting for berth to count as loading time"-Arrival within commercial area of port-Ship incommunicado-Consequent delay in giving notice of readiness-Liability of charterers for demurrage.

SOBELL INDUSTRIES, LTD. v. CORY BROTHERS & CO., LTD. (SADIKOGLU BROTHERS, THIRD PARTIES.)

[1955] 2 Lloyd's Rep 82

Principal and agent-Agency-Confirming house -Sale of goods to agents on behalf of foreign buyers-Failure by agents to take delivery from sellers-Liability of agents- Dispute as to terms of agency-Obligation as confirming house-Whether guarantee of performance dependent upon willingness of buyers to perform.

EISINGER v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD.

[1955] 2 Lloyd's Rep 95

Motor insurance-Loss-Possession of car obtained by use of worthless cheque-Policy indemnifying assured against loss of car-Whether loss within meaning of policy.

BUCKLEY v. OCEAN STEAM SHIP COMPANY, LTD.

[1955] 2 Lloyd's Rep 97

Negligence-Safe premises-Ship's tank-Loading of cargo into tank from which oil had been discharged-Injury to dock labourer when he slipped-Whether tank properly cleaned- Liability of shipowners.

ROBINSON v. J. & R. GRIFFITHS, LTD.

[1955] 2 Lloyd's Rep 101

Master and servant-Unnecessary risk to employe-System of working-Means of access to ship from wharf-Use of unsecured ladder-Seaman's fall from ladder-Duty upon shipowners.

THE "EMPIRE JAMAICA."

[1955] 2 Lloyd's Rep 109

Limitation of liability-Collision-Fault or privity of owners-Ship having more than one mate -Statutory obligation that first and second mates should be certificated-Second mate in charge of navigation uncertificated-Negligent navigation-Whether owners precluded from claiming limitation - Hongkong Merchant Shipping (Amendment) Ordinance, No. 2 of 1949. Practice - Costs - Action for limitation of liability-Decree granted-Appeal.

THE "KAREN TOFT" AND THE "ISAAC CARTER."

[1955] 2 Lloyd's Rep 120

Collision - Narrow channel - Canal - Passing vessels (one of which had overtaken third vessel) - Excessive speeds - Interaction - Abnormal sheer to port after passing- Collision with third vessel-Delay in taking off way-Seamanship-Kiel Canal Regulations, Regulations 55, 58, 60.

CHRISTENSEN AND PETERSEN (TRADING AS V. CHRISTENSEN COMPANY) v. ROBERT CHAPMAN, LTD.

[1955] 2 Lloyd's Rep 130

Sale of goods-Description-Implied warranties as to condition (frozen fish) - Fitness for purpose-Merchantability-Long period of storage by buyers-Alleged unfitness of fish when processed by sellers.

MARTIN v. CITY LIGHTERAGE COMPANY, LTD.

[1955] 2 Lloyd's Rep 136

Negligence-Unusual danger-Means of access to hold of lighter-Steps cut in bulkhead- Irregular spacing-Stevedore's fall while descending steps - Whether an unusual danger.

HAYWARD v. GLEN LINE, LTD.

[1955] 2 Lloyd's Rep 142

Negligence-Means of access-Ship's gangway- Injury to foreman stevedore-Fall on gangway while boarding vessel - Alleged obstruction - Liability of employers at common law and under Docks Regulations, 1934-Foreseeable danger-Regulations 9, 12, 50.

MIDLAND BANK, LTD. v. SEYMOUR.

[1955] 2 Lloyd's Rep 147

Banking-Documentary credits-Instructions to bank-Ambiguity-Credit to be made available "against delivery of the following documents . . . evidencing shipment"-Full particulars not contained in bill of lading but contained in set of documents tendered -Authority of bank to pay-Duty of care owed by bank to customer-Alleged negligent omission by bank to pass on information received affecting transaction.

-Presentation of drafts-Acceptance in London after expiration of credit-"Credit is to be available at Hongkong"-Credit negotiated in Hongkong before expiry date -Meaning of "available at Hongkong."

NISBET SHIPPING COMPANY, LTD. v. THE QUEEN.

[1955] 2 Lloyd's Rep 173

Canada-Collision-Limitation of liability- Collision between merchant vessel and H.M. Canadian ship-Right of Crown to limit liability under Sect. 649 of Canada Shipping Act, 1934-Whether right excluded by Sect. 712.

WILLIAM D. BRANSON, LTD. v. FURNESS (CANADA), LTD. (IN LIQUIDATION).

[1955] 2 Lloyd's Rep 179

Carriage of goods by sea-Damage to cargo of potatoes-Surveyor's estimate of damage- Alleged inadequacy of survey-Whether estimate based on false premise-Quantum of damages.

SHELL-MEX AND B.P., LTD. v. G. CLAYTON (VALUATION OFFICER) AND HOLDERNESS RURAL DISTRICT COUNCIL.

[1955] 2 Lloyd's Rep 186

Rating-Freight-transport hereditament-Land leased by dock authority to oil distributing company-Installation of buildings, pump houses and tanks for unshipping and storage of oil-Erection of barge berth- Use as terminal depot-Oil piped along jetties into storage tanks-Bonded warehouse -"Dock purposes"-"Dock undertaking" -Whether business "concerned with the shipping and unshipping" of oil "not belonging to or intended for the use of" distributing company-Rating and Valuation (Apportionment) Act, 1928, Sects. 5 (1) (c), (2) (c), (3), 6.

THE "LUHESAND."

[1955] 2 Lloyd's Rep 203

Negligent navigation-Dock cutting-Collision between dumb barge and motor vessel in cutting-Action taken under orders of dock authority's servants-Whether sufficient steps taken by each vessel to avoid collision- Astern action in dock.

CHANDRIS v. GOVERNMENT OF INDIA.

[1955] 2 Lloyd's Rep 212

Charter-party-Discharging expenses-Nomination of two ports of discharge-Seaworthy Trim Clause-Liability of charterers for delay and expenses of trimming vessel after unloading part of cargo at first port of discharge- Cargo partly in bulk and partly in bags- Whether homogeneous cargo.

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

INTERNATIONAL PACKERS LONDON, LTD. v. OCEAN STEAM SHIP COMPANY, LTD.

[1955] 2 Lloyd's Rep 218

Carriage of goods by sea-Damage to cargo- Seaworthiness-Duty to provide seaworthy ship-Entry of sea water through hatch covers-Alleged failure to employ adequate safeguards-"Act, neglect, or default . . . in management of the ship"-Lack of care of cargo-Part cargo discharged and sold during voyage-Action taken by shipowners on advice of surveyor-Duty of care of cargo non-delegable-Balance of cargo delivered damaged at destination-Australian Sea-Carriage of Goods Act, 1924, Schedule, Arts. III (1), (2), IV (2) (a).

PATE v. THE ADMIRALTY. (THE "SHIONA.")

[1955] 2 Lloyd's Rep 239

Negligence-Mooring of pursuer's motor yacht- Vessel remoored by Admiralty pending resiting of original moorings-Stranding of vessel when moorings parted in gale-Pursuer aware that moorings were unsuitable for yacht-Acquiescence-Liability of Admiralty.

THE CUNARD STEAM-SHIP COMPANY, LTD. v. STACEY AND OTHERS; SAME v. BARBER.

[1955] 2 Lloyd's Rep 247

Seamen-Trade dispute-Unofficial strike- Conspiracy-Acts inciting or persuading seamen to break contracts of employment-Ships prevented from sailing-Interlocutory injunction granted to shipowners-Whether proper remedy-Appeal-Conspiracy, and Protection of Property Act, 1875, Sects. 3, 16-Merchant Shipping Act, 1894, Sects. 115, 221, 226, 236 -Trade Disputes Act, 1906, Sects. 1, 3.

"GRAIGWEN" (OWNERS) v. ANGLO-CANADIAN SHIPPING COMPANY, LTD.

[1955] 2 Lloyd's Rep 260

Charter-party-Demurrage-Lay days- Commencement twenty-four hours after notice of readiness-Arrival within commercial area of port- Appropriate notice given-Whether "port" or "berth" charter-party-Construction.

ALLISON v. KINGSPORT SHIPPING COMPANY, LTD.

[1955] 2 Lloyd's Rep 269

Master and servant-Safe plant and appliances- Ship's bunker-Risk to employee-Injury to ship's cook while shovelling coal from main bunker-Liability of shipowners.

GIBBONS v. REGENT STEVEDORING COMPANY, LTD.

[1955] 2 Lloyd's Rep 273

Negligence-Safe premises-Barge laden with timber-Injury to stevedore stepping on timber, which tipped-Alleged bad stowage- Liability of employers-Proof of injuries.

ZARATI STEAMSHIP COMPANY, LTD. v. FRAMES TOURS, LTD. AND OTHERS. (J. GIBSON JOHNSTON, LTD., THIRD PARTIES.)

[1955] 2 Lloyd's Rep 278

Contract-Consensus ad idem-Charter of emigrant vessel-Negotiations between shipbrokers- Alleged agreement on essential terms- Introduction of new terms into draft formal contract-Effect-Whether charterers not to be bound until formal contract signed- Authority of shipbrokers-Whether ship-brokers acted in breach of warranty of authority.

FLOWERS v. GEORGE WIMPEY & CO., LTD.

[1955] 2 Lloyd's Rep 293

Damages-Personal injuries claim-Special damage-Loss of earnings-Award of general damages based on incapacity for short period -Industrial injury benefits received over long period-Assessment of special damage- Extinguishment of claim-Court shall take into account "against any loss of earnings . . . which has accrued or probably will accrue to the injured person from the injuries, one half of the value of any rights which have accrued or probably will accrue . . . in respect of" industrial injury benefits, etc.-"Injuries"-"Taken into account" -Valuation of "rights"-Law Reform (Personal Injuries) Act, 1948, Sect. 2(1).

G. H. RENTON & CO., LTD. v. PALMYRA TRADING CORPORATION.

[1955] 2 Lloyd's Rep 301

Bill of lading-Strike at nominated ports of delivery-Deviation-Clause entitling master in event of strike to "discharge the cargo at port of loading or any other safe and convenient port"-Discharge at "other safe and convenient port," such discharge being "deemed due fulfilment of the contract"- Cost of storage, forwarding to nominated ports, etc., borne by cargo-owners-Liability of shipowners-Incorporation of Canadian Water-Carriage of Goods Act, 1936- Repugnancy of bill of lading provisions-Art. III, rr. 2, 8; Art. IV, r. 4.

N. V. HANDEL MY. J. SMITS IMPORT-EXPORT v. ENGLISH EXPORTERS (LONDON), LTD.

[1955] 2 Lloyd's Rep 317

Conflict of laws-Contract-Sale of goods f.o.b. Rotterdam-Failure by buyers to arrange for shipping space-Alleged variation of normal obligations under f.o.b. contract-Measure of damages-Remoteness-Whether English or Dutch law applicable-Intention of parties.

ROMFORD ICE & COLD STORAGE COMPANY, LTD. v. LISTER.

[1955] 2 Lloyd's Rep 325

Master and servant-Contract of service-Joint tortfeasors-Negligent driving of lorry by servant causing injury to fellow-employee- Vicarious liability of master-Right to claim indemnity from servant in respect of (1) servant's negligence; (2) servant's breach of implied term of contract of service that he would use reasonable care and skill in the performance of his work-Alleged implied duty of master to keep servant fully insured against his negligence-Duty to comply with statutory requirements as regards insurance -"Bodily injury . . . caused by or arising out of the use of the vehicle on a road"- Accident in slaughterhouse yard-Action claiming indemnity brought before hearing of personal injury action-Whether premature- Remoteness of damage-Road Traffic Act, 1930, Sects. 35, 36, 121-Law Reform (Married Women and Tortfeasors) Act, 1935, Sect. 6. Road Traffic Act, 1930-Third-party risks- "Bodily injury . . . caused by or arising out of the use of the vehicle on a road"- Accident in slaughterhouse yard-Whether "arising out of" use of vehicle on a road -Sects. 35, 36, 121. Torts-Joint tortfeasors-Right to contribution at common law and under Law Reform (Married Women and Tortfeasors) Act, 1935.

CRESSWELL v. HARLAND & WOLFF, LTD., AND PORT OF LONDON AUTHORITY.

[1955] 2 Lloyd's Rep 345

Negligence-System of working-Use of tackle to lift machinery undergoing repair-Whether unsafely rigged-Injury to labourer- Liability of repairers and/or employers.

SCHOFIELD v. GLEN LINE, LTD.

[1955] 2 Lloyd's Rep 351

Negligence-Proof-Injury to plaintiff dock labourer-Fellow-employee engaged in loading tea chests on to plaintiff's trolley-Injury sustained in avoiding falling chest-Onus of proof of negligence.

BENMAG, LTD. v. BARDA.

[1955] 2 Lloyd's Rep 354

Principal and agent-Authority of agents-Shipment of goods to agents for sale-Warranty as to quality given by agents to buyers-Complaint by buyers that quality was inferior-Arbitration-Award of allowance-Allowance paid by agents-Right of recovery from principal-Whether agents exceeded their authority-Ratification by principal.

MOGRIDGE v. REGENT STEVEDORING COMPANY, LTD.

[1955] 2 Lloyd's Rep 361

Negligence-Means of access-Injury to dock labourer in leaving barge-Use of barge grating set up against side-Fall when climbing-Risk incidental to occupation.

THOMPSON v. ANGLO-SAXON PETROLEUM COMPANY, LTD.

[1955] 2 Lloyd's Rep 363

Negligence-Occupier-Duty towards invitee- Vessel under repair in dry dock, shipowners retaining some control-Employee of sub-contractors of ship-repairers injured by falling hatch cover-Hatch cover wholly satisfactory provided reasonable care was taken in its use-Casual negligence of other independent contractors-Liability of shipowners as occupiers-Whether shipowners' duty of care absolute.

SUMNER v. ROBERT L. PRIESTLEY, LTD.

[1955] 2 Lloyd's Rep 371

Building (Safety, Health and Welfare) Regulations, 1948-Repair or maintenance of building-Workman's visit to roof for purpose of obtaining profile of gutter to be replaced- Fall through roof-Whether workman engaged on work of "repair or maintenance of a building"-Regulations 2, 31 (3).

THE "SOYA."

[1955] 2 Lloyd's Rep 376

Collision-Damages-Assessment- Detention for repairs-Loss of profits-Delay in taking up charter-Rise in freight rates-Second charter fixed at enhanced rate of profit-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".

F. W. BERK & CO., LTD. v. STYLE.

[1955] 2 Lloyd's Rep 382

Marine insurance-All risks-Inherent vice-Sue and labour charges-Bagged cargo-Defective bags-Cost of rebagging-"All risks of loss and/or damage from whatsoever cause arising irrespective of percentage"-Marine Insurance Act, 1906, Sect. 55 (2) (c)- Institute Cargo Clauses (Wartime Extension), Clause 6.

DODWELL & CO., LTD. v. BRITISH DOMINIONS GENERAL INSURANCE COMPANY, LTD.

[1955] 2 Lloyd's Rep 391

CONLAN v. SHAW SAVILL & ALBION COMPANY, LTD.

[1955] 2 Lloyd's Rep 392

Negligence-System of working-Safe plant- Personal injuries claim-Proof.

BARLING v. BRITISH TRANSPORT COMMISSION AND WOODALL.

[1955] 2 Lloyd's Rep 393

Negligence-Passenger vessel-Method of disembarkation-Passenger's fall over coaming at exit from saloon while disembarking-Liability of shipowners- Alleged lack of supervision and control of passengers.

MACPHERSON TRAIN & CO., LTD. v. J. MILHEM & SONS.

[1955] 2 Lloyd's Rep 396

Contract-Offer and acceptance-Sale of goods -"Shipment per s.s. Isonzo scheduled to sail 15th March 1954"-Whether parties ad idem as to contract terms-Award that firm contract was concluded-Whether umpire justified in so finding.

RACKLEY v. PORT OF LONDON AUTHORITY.

[1955] 2 Lloyd's Rep 403

Negligence-Safe premises-Approach over dock -Concrete steps leading from loading bank- Dock labourer's fall-Dispute as to condition of steps.

POLLENDINE v. ORIENT STEAM NAVIGATION COMPANY, LTD.

[1955] 2 Lloyd's Rep 409

Negligence-Safe premises-Slippery floor-Ship's dining saloon-Injury to head waiter-Risk incidental to employment.

THE "ALIDA GORTHON."

[1955] 2 Lloyd's Rep 411

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-Mersey Channel Collision Rules, 1954.

THE "BELLE USK."

[1955] 2 Lloyd's Rep 421

Negligent navigation-Hampering-Seamanship- Incoming paddle steamship making for passenger jetty vacated by pilot cutter- Negligent manoeuvres by pilot cutter- Emergency action taken by paddle steamship -Collision with jetty-Liability of pilot cutter-Barry Docks By-laws, Rules 79, 82.

LEHAN v. ELLERMAN LINES, LTD.

[1955] 2 Lloyd's Rep 430

Negligence-Safe premises-Ship's deck-Injury to seaman-Fall over bollard-Alleged defective lighting.

MICHAELS v. BROWNE & EAGLE, LTD.

[1955] 2 Lloyd's Rep 433

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

[1955] 2 Lloyd's Rep 438

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.

COTTRELL v. VIANDA STEAMSHIP COMPANY, LTD.

[1955] 2 Lloyd's Rep 450

Docks Regulations, 1934-Means of access- Wooden ladder from hold of vessel loading in dock-Alternative means of access by way of fixed iron ladder-Injury to dock labourer when wooden ladder broke-Whether shipowners had provided safe means of access- Wooden ladder more convenient-Alleged unreasonable use of wooden ladder- Regulations 11, 47.

A.B.D. (METALS & WASTE), LTD. v. ANGLO CHEMICAL & ORE COMPANY, LTD.

[1955] 2 Lloyd's Rep 456

Sale of goods-Breach by sellers-Damages- Duty of buyers to minimize loss-Whether buyers acted reasonably in refusing to adopt substituted performance-Measure of damages -"Difference between the contract price and the market or current price"-Whether an "available market"-Meaning of "available market"-Sale of Goods Act, 1893, Sect. 51 (3).

McDONALD v. BRITISH TRANSPORT COMMISSION.

[1955] 2 Lloyd's Rep 467

Master and servant-Dangerous equipment- "Dock use only" wagon-Hole in floor- Injury to dock foreman-Duty of care-Onus of proof-System of inspection and repair- Whether dock authority had done what was reasonably practicable to obviate danger- Contributory negligence.

BRITISH TRANSPORT COMMISSION v. GOURLEY.

[1955] 2 Lloyd's Rep 475

Damages-Personal injuries-Financial loss resulting from accident-Loss of earning capacity-Incidence of tax-Whether liability for income tax and surtax to be taken into account-Remoteness.

J. H. VANTOL, LTD. v. FAIRCLOUGH, DODD & JONES, LTD.

[1955] 2 Lloyd's Rep 489

Sale of goods (c.i.f.)-Shipment-Extension clause-Failure to ship-Delay due to prohibition of export-Ban on export imposed and later lifted during contract period- "Should the shipment be delayed by . . . prohibition of export . . . the time of shipment shall be extended by two months" -Period covered by extension clause- Alleged duty upon sellers to prove impossibility of purchasing goods afloat- London Oil and Tallow Trades Association Contract, Form 5a.

THE "EDISON SKIPPER."

[1955] 2 Lloyd's Rep 500

Collision-Fog-Excessive speed-Vessels on opposite courses.

PRENTICE v. J. RUSSELL & CO., AND PACIFIC STEAM NAVIGATION COMPANY.

[1955] 2 Lloyd's Rep 506

Negligence-Drydocking-Injury to shipwright- Fall down altar steps into water-Whether fall due to movement of shoring timber- Liability of employers and/or shipowners.

DIXON v. J. E. CHARLTON, LTD

[1955] 2 Lloyd's Rep 509

Negligence-Fellow-employee-Injury to stevedore stowing cargo-Stevedore struck by piece of dunnage in ship's hold pulled from pile by fellow-stevedore-Standard of care-Liability of employers.

W. A. PHILLIPS, ANDERSON & CO., LTD. v. EUXINE SHIPPING COMPANY, LTD.

[1955] 2 Lloyd's Rep 512

Agency-Secret commission-Ship under construction-Option to build sister ship at reduced price for both-Transfer of option -Ship built for transferee-Brokers' commission shared with transferor- Transferee not informed-Whether transferee and transferor in relation of principal and principal or principal and agent-Nature of option-Transferability.

HOWARD v. BEN LINE STEAMERS, LTD.

[1955] 2 Lloyd's Rep 523

Master and servant-Dock labourer injured on board ship in London docks-Liability of shipowners as alleged employers-Duty to comply with Docks Regulations, 1934, Regulation 41.

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

[1955] 2 Lloyd's Rep 527

Landlord and tenant-Rent-"Gold clause"- Rent to be paid "either in gold sterling or Bark of England notes to the equivalent value in gold sterling"-Construction of clause-Meaning of "gold sterling"- Legality-Coinage Act, 1870.

VINE v. NATIONAL DOCK LABOUR BOARD.

[1955] 2 Lloyd's Rep 531

Dock Labour Scheme-Dock labourer-Dismissal by disciplinary sub-committee appointed by Local Board-Exercise of quasi-judicial power-Non-delegability-Action ultra vires -Appropriate remedy-Dock Workers (Regulation of Employment) Scheme, 1947, Clauses 8, 16, 17, 18.

BURNELL v. BRITISH TRANSPORT COMMISSION.

[1955] 2 Lloyd's Rep 549

Negligence-Fellow-employees-Safe premises -Unloading of carcasses of frozen meat from hold of vessel in dock-Injury to dock labourer-Alleged dangerous state of cargo left by previous gang-Liability of employers. Practice-Evidence-Admissibility-Written statement by witness-Witness cross-examined on part of statement-Whether privilege from discovery thereby waived.

BLACKFRIARS LIGHTERAGE & CARTAGE COMPANY, LTD. v. R. L. HOBBS. (THE "LANDEER.")

[1955] 2 Lloyd's Rep 554

Limitation of liability-Barge-Collision between barges in dock-Injury to lighterman-Barge, allowed to drift without motive power, admittedly negligently navigated-No means of controlling navigation-Actual fault or privity of owners-Onus of proof.

GEE & GARNHAM, LTD. v. WHITTALL.

[1955] 2 Lloyd's Rep 562

Marine insurance-"All risks"-Inherent vice- Kettles in wooden cases-Damage in transit- Denting and water damage-Inadequate packing-Liability of insurers.

NEICHO v. T. F. MALTBY, LTD.

[1955] 2 Lloyd's Rep 574

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.

SPRING v. NATIONAL AMALGAMATED STEVEDORES & DOCKERS SOCIETY.

[1955] 2 Lloyd's Rep 582

Trade union-Membership-Action for wrongful expulsion-Place of trial-Membership allegedly obtained by misrepresentation- Voidability-Court of Chancery of Lancaster Act, 1952.

THE "SOUTHLAND."

[1955] 2 Lloyd's Rep 595

Collision-River-Starboard-hand rule-Vessels approaching bend in river-Signals-Speed- Lights-Look-out-Seamanship-Port of London River By-laws, 1938, Rules 7, 42.

HOLYOAK v. PEARSON. (THE "SAVOURNA.")

[1955] 2 Lloyd's Rep 607

Charter-party-Fitness of vessel-Charter of motor yacht for summer season-Breach of terms of hire-Engines defective at commencement of charter-Repudiation by charterer-Exercise of alleged possessory lien -Claim by owner for damages-Counterclaim by charterer for expenses incurred-Whether breakdown of engines amounted to breach of condition justifying repudiation-Measure of damages.

TUCKEY v. R. & H. GREEN AND SILLEY WEIR, LTD.

[1955] 2 Lloyd's Rep 619

Damages-Assessment-Personal injuries claim- Neurosis-Whether arising out of accident- Refusal to undergo particular treatment -Chain of causation.

MOSETTIG v. WM. FRANCE, FENWICK & CO., LTD.

[1955] 2 Lloyd's Rep 632

Master and servant-Safe premises-System of working-Duty of care upon employers- Stokehold in coasting vessel-Heap of bilge sludge and debris from tank tops deposited and left on floor of stokehold-Donkeyman's fall while attending to fire.

EBELING v. THEO & JOS. VAN DER AA, S.A.

[1955] 2 Lloyd's Rep 641

Sale of goods-Conversion-Sellers' obligation to buyers taken over by plaintiff-Suppliers paid by plaintiff, goods then being shipped to buyers-Price credited by buyers against sums owed by sellers-Whether goods plaintiff's property at time of shipment.

DUPEY v. T. F. MALTBY, LTD., AND STRICK LINE, LTD.

[1955] 2 Lloyd's Rep 645

Damages-Assessment-Personal injuries claim- Hysteria-Causation-Effect of other factors likely to produce or aggravate hysteria.

D'WAN v. CHARLES HAY & SON, LTD.

[1955] 2 Lloyd's Rep 651

Negligence-Means of access-Barge deck-Bargebuilder's fall between barges-Liability of employers-Factories Act, 1937, Sect. 26 (1).

SOUTHPORT CORPORATION v. ESSO PETROLEUM COMPANY, LTD.

[1955] 2 Lloyd's Rep 655

Negligence-Oil pollution of coastal waters-Res ipsa loquitur-Highway-Nuisance-Trespass -Stranding of ship in river estuary-Jettison 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 gear-Defect due to fractured stern frame- Cause of fracture unknown-Whether onus on defendant shipowners to disprove negligence-Defect in ship not pleaded by plaintiffs, plea of negligence being directed against master.

NORTH RIVER FREIGHTERS, LTD. v. PRESIDENT OF INDIA.

[1955] 2 Lloyd's Rep 668

Charter-party-Demurrage-Lay days-"One safe berth Dairen"-Lay days to commence 24 hours after notice of readiness-"Time lost in waiting for berth to count as loading time"-Arrival within commercial area of port-Ship incommunicado-Consequent delay in giving notice of readiness-Liability of charterers for demurrage.

CHRISTENSEN AND PETERSEN (TRADING AS V. CHRISTENSEN COMPANY) v. ROBERT CHAPMAN, LTD.

[1955] 2 Lloyd's Rep 681

Sale of goods-Description-Implied warranties as to condition (frozen fish)-Fitness for purpose-Merchantability-Long period of storage by buyers-Alleged unfitness of fish when processed by sellers.

THE "CHUSAN."

[1955] 2 Lloyd's Rep 685

Collision-Fog-Speeds-Radar-Premature alteration of course-Failure immediately to take off way-Collision Regulations, 1910, Art. 16.

GREENFIELD v. LAW AND OTHERS.

[1955] 2 Lloyd's Rep 696

Negligence-Aircraft-Flying low over road- Nuisance-Injury to rider when horse bolted-Dispute as to manner in which aircraft was flown-Liability of pilot and/or owner of aircraft-Civil Aviation Act, 1949, Sect. 40 (2).

KITCHER v. FORDHAM AND ANOTHER.

[1955] 2 Lloyd's Rep 705

Sale of ship-Fraudulent misrepresentation- Breach of warranty-Claim by buyer for damages-Whether sale induced by statements made by seller as to condition of ship -Loss of profit to buyer-Moneys thrown away in equipping vessel.

SCHOFIELD v. GLEN LINE, LTD.

[1955] 2 Lloyd's Rep 719

Negligence-Proof-Injury to plaintiff dock labourer-Fellow-employee engaged in loading tea chests on to plaintiff's trolley-Injury sustained in avoiding falling chest-Onus of proof of negligence.

G. H. RENTON & CO., LTD. v. PALMYRA TRADING CORPORATION.

[1955] 2 Lloyd's Rep 722

Bill of lading-Strike at nominated ports of delivery-Deviation-Clause entitling master in event of strike to "discharge the cargo at port of loading or any other safe and convenient port"-Discharge at "other safe and convenient port," such discharge being "deemed due fulfilment of the contract"- Cost of storage, forwarding to nominated ports, etc., borne by cargo-owners-Liability of shipowners-Incorporation of Canadian Water Carriage of Goods Act, 1936- Repugnancy of bill of lading provisions- Art. III, rr. 2, 8; Art. IV, r. 4.

JOSEPH PYKE & SON (LIVERPOOL), LTD. v. RICHARD CORNELIUS & CO.

[1955] 2 Lloyd's Rep 747

Sale of goods (c.i.f.)-Breach by sellers-Failure to ship-Default by suppliers-Decree prohibiting export-Right of sellers to invoke prohibition of export clause-Alleged duty to purchase afloat-Finding of arbitrators that sellers had failed to prove impossibility of export-Question of fact-Liverpool Corn Trade Association Contract No. 16.

NOLAN v. GENERAL STEAM NAVIGATION COMPANY, LTD., AND ANOTHER.

[1955] 2 Lloyd's Rep 751

Negligence-Safe means of access-Gangplank from embankment to barge-Man's fall from gangplank-Liability of employers and/or occupiers.

JOHN RIGBY (HAULAGE), LTD. v. RELIANCE MARINE INSURANCE COMPANY, LTD.

[1955] 2 Lloyd's Rep 757

Insurance-Carriers-Goods in transit-Loss- Goods stolen by trick-"Legal liability of [carriers] for loss of [goods] held by [carriers] in trust . . . whilst in transit . . ." -Alleged liability to owners of goods- Estoppel as between carriers and owners- Right to indemnity under policy-Whether goods held by carriers "in trust"-Goods never in carriers' actual possession.

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

[1955] 2 Lloyd's Rep 766

Lloyd's Law Reports