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DANIELS v. WHETSTONE ENTERTAINMENTS, LTD., AND ALLENDER

[1962] 2 Lloyd's Rep 1

Master and servant-Employment-Unauthorized act of servant-Visitor to dance hall assaulted by steward inside and outside dance hall - Liability of steward's employers for both assaults. Assault-Liability of employers for unauthorized act of servant-Whether in course of his employment.

FINZEL, BERRY & CO. v. EASTCHEAP DRIED FRUIT COMPANY

[1962] 2 Lloyd's Rep 11

Arbitration - Arbitrator - Appointment - Applicability of General Produce Brokers' Association of London Rule 62 when contract not made through broker - Whether arbitrator to be appointed under Rules or Arbitration Act, 1950.

JAMES LAING, SON & CO. (M/C), LTD. v. EASTCHEAP DRIED FRUIT COMPANY

[1962] 2 Lloyd's Rep 15

Arbitration - Motion to set aside award - Misconduct - Refusal by arbitrator to allow party's representative to inspect other party's documents-General Produce Brokers' Association of London.

THE "MEDINA PRINCESS"

[1962] 2 Lloyd's Rep 17

Practice-Motion for judgment in default of defence-No formal notice of resumption of proceedings - Whether correspondence gave sufficient notice - R.S.C., Order 64, r. 13. Admiralty practice - Action "in rem" - Default of defence-Procedure to obtain judgment - Whether by setting down action for trial or by motion for judgment in default of delivery of defence-R.S.C., Order 27, r. 10A. Law Reform (Miscellaneous Provisions) Act, 1934-Interest on wages-Power of Court to award interest on debts paid which were not subject of judgment of Court - Sect. 3 (1). Seamen-Wages-Interest-Motion by seamen for interest on wages paid - Power of Court to award interest upon sums already paid which were not subject of its judgment.

DUDDING v. THE ADMIRALTY

[1962] 2 Lloyd's Rep 23

Master and servant - Means of access - Steel ladder in H.M. ship under repair in dockyard -Fitter's fall down ladder-Obstruction by cables-Insecure hand chain- Liability of Admiralty. Shipbuilding Regulations, 1931 - Means of access - Ladder in H.M. ship - Insecure hand chain contributing to fitter's injuries in fall down ladder-Liability of Admiralty -Regulation 1. Negligence-Means of access-Ladder in H.M. ship-Insecure hand chain-Injury to fitter in fall down ladder-Whether hand chain contributing to fitter's injuries constituted negligence although not a breach of Shipbuilding Regulations, 1931-Liability of Admiralty.

AIKEN v. PORT OF LONDON AUTHORITY

[1962] 2 Lloyd's Rep 30

Master and servant-Safe premises-Means of access - Lighting - Floor of warehouse - Obstruction - Injury to bogie driver - Liability of defendants as employers and/or as occupiers of warehouse - Factories Act, 1937, Sect. 26 (as amended by F.A., 1959, Sect. 5) - Factories (Standards of Lighting) Regulations, 1941. Factories Act, 1937 - Floor - Maintenance - Obstruction on warehouse floor-Injury to bogie driver-Liability of defendants as employers and/or occupiers of warehouse -Sect. 26 (as amended by F.A., 1959, Sect. 5).

PERCIVAL v. CORPORATION OF LEICESTER

[1962] 2 Lloyd's Rep 43

Master and servant-Unnecessary risk-Diving -Fireman drowned-Failure to use safety line - Alleged inadequate instruction - Liability of employers.

CUNNINGHAM v. PORT OF LIVERPOOL STEVEDORING COMPANY, LTD.

[1962] 2 Lloyd's Rep 49

Practice-New trial-Misdirection-Insufficient evidence.

THE "NYLAND"

[1962] 2 Lloyd's Rep 52

Damages - Collision - Damage to ship's propeller in grounding.

THE "SOUTHWARK"

[1962] 2 Lloyd's Rep 62

Salvage - Drifting vessel in River Tyne - Reberthing by tugs-Degree of danger and risk. Costs-Payment into Court-Apportionment- Effect on order as to costs where some plaintiffs received more and one plaintiff received less damages than appropriate payment in.

THE "ANDROS GLAMOUR"

[1962] 2 Lloyd's Rep 74

Collision - Misleading signals - Fog - Speed -Alteration of course.

PRINGLE OF SCOTLAND, LTD. v. CONTINENTAL EXPRESS, LTD.

[1962] 2 Lloyd's Rep 80

Forwarding agents-Loss of goods-Fraud by third party in obtaining goods - Alleged negligence or breach of contract by forwarding agents - Whether duty on forwarding agents to prevent fraud - Alleged implied term in contract.

HUDSON STRUMPFFABRIK G.m.b.H. v. BENTLEY ENGINEERING COMPANY LTD.

[1962] 2 Lloyd's Rep 90

Practice - Arbitration - Security for costs - Claimant foreign corporation resident outside jurisdiction - Arbitration Act, 1950, Sect. 12 (6) (a)-R.S.C. Order 65, r. 6.

EDWARDS v. PORT OF LONDON AUTHORITY

[1962] 2 Lloyd's Rep 94

Master and servant-Unnecessary risk-Oil on step of van-Injury to driver-Liability of employers.

BROGAN (H.M. INSPECTOR OF TAXES) v. STAFFORD COAL AND IRON COMPANY, LTD. COMMISSIONERS OF INLAND REVENUE v. SAME

[1962] 2 Lloyd's Rep 99

Revenue-Income tax-Distribution of surplus assets of mutual insurance company between members on winding up - Whether sums received by members were trading or capital receipts.

THE "FINA CANADA"

[1962] 2 Lloyd's Rep 113

Collision-Fog-River-Radar-Speed.

THE "ATHAMAS" (OWNERS) v. DIG VIJAY CEMENT COMPANY, LTD.

[1962] 2 Lloyd's Rep 120

Charter-party-Demurrage-"So near as she may safely get" - Vessel prevented from proceeding up river to charter discharging port - Whether shipowners entitled to demurrage incurred at substituted port of discharge-Effect of length of delay.

WOOD v. STAG LINE, LTD.

[1962] 2 Lloyd's Rep 132

Master and servant-Unnecessary risk-System of working - Donkeyman painting ship's engine-room at sea-Fall-Liability of shipowners-Adequacy of staging.

THE "HASSEL"

[1962] 2 Lloyd's Rep 139

Collision-Damages-Repairs to ship-Detention - Collision and owners' repairs effected simultaneously - Intention of owners to lay up vessel for repairs - Liability of wrong-doing vessel.

THE "LEOBORG"

[1962] 2 Lloyd's Rep 146

Towage-Escorting services-Whether in the nature of towage - Administration of Justice Act, 1956, Sect. 1 (1) (k).

CARGA DEL SUR COMPANIA NAVIERA, S.A. v. ROSS T. SMYTH & CO., LTD. (THE "SEAFORT")

[1962] 2 Lloyd's Rep 147

Charter-party-Demurrage-Commencement of lay days - Whether vessel an arrived ship when anchored 22 miles from second discharging port awaiting berth.

JACKSON v. WILLIAM GRAY & CO., LTD.

[1962] 2 Lloyd's Rep 156

Master and servant - System of working - Timber gantry on vessel in shipyard - Collapse-Death of shipwright-Liability of shipbuilders.

DOMINION BRIDGE COMPANY v. TORONTO GENERAL INSURANCE COMPANY

[1962] 2 Lloyd's Rep 159

Contractor's public liability insurance - Contractor's property damage endorsement covering liability imposed by law-Exclusion of liability assumed under contract and injury to property used by contractor -Whether liability in tort covered although concurrent liability in contract existed-Meaning of "used".

COMMERCIAL COURT PROCEDURE

[1962] 2 Lloyd's Rep 174

UNION OF INDIA v. COMPANIA NAVIERA AEOLUS, S.A.

[1962] 2 Lloyd's Rep 175

Charter-party - Demurrage - Strike after expiration of lay days-Effect of Centrocon Strike Clause-Bill of lading incorporating charter party terms-Liability of receivers of cargo for demurrage during strike period.

GROUPEMENT NATIONAL D'ACHAT DES TOURTEAUX v. SOCIEDAD INDUSTRIAL FINANCIERA ARGENTINA

[1962] 2 Lloyd's Rep 192

Sale of goods (f.o.b.) - Quality - Whether certificates issued under contract final and conclusive as to composition, quality and condition of goods-London Cattle Food Trade Association contract.

WILLIAMSON v. HOULDER BROTHERS & CO., LTD.

[1962] 2 Lloyd's Rep 199

Negligence - Means of access - Foreseeable danger-Ladder in ship's hold-Movement -Injury to ship-repairers' employee - Liability of shipowners.

APEX (TRINIDAD) OILFIELDS, LTD. v. LUNHAM & MOORE SHIPPING, LTD.

[1962] 2 Lloyd's Rep 203

Carriage by sea-Bill of lading issued by time-charterer - Alleged unseaworthiness - Neglect of master in navigation of vessel- Loss of vessel and cargo - Whether a contractual relationship between time-charterer and cargo-owner - Liability of time-charterer to cargo-owner.

W. CARSEN & CO., LTD. v. EASTERN CANADA STEVEDORING COMPANY; T. EATON COMPANY, LTD. v. SAME

[1962] 2 Lloyd's Rep 209

Wharfingers-Bailment-Conversion by bailee's employee-Liability of bailee. Master and servant - Conversion of third party's goods by employee - Liability of employer.

BRITISH EUROPEAN AIRWAYS CORPORATION v. MANCHESTER CORPORATION

[1962] 2 Lloyd's Rep 213

Airport-Public use-"Available to all persons on equal terms and conditions"-Right of airport owners (licensees) to monopolize apron handling services - Air Navigation Order, 1960, Arts. 61 (1), (2), 80.

STARFIRE DIAMOND RINGS, LTD. v. ANGEL

[1962] 2 Lloyd's Rep 217

Insurance-Jewellers' Block Policy-Loss from car-Whether car "left unattended."

O'MALLEY v. SHEPPARD & SONS, LTD., AND SUBMARINE CABLES, LTD. SHEPPARD & SONS, LTD. v. O'MALLEY, AND VULCAN BOILER AND GENERAL INSURANCE COMPANY, LTD. (BY COUNTERCLAIM) SUBMARINE CABLES, LTD. v. SAME (BY COUNTERCLAIM)

[1962] 2 Lloyd's Rep 221

Negligence-Crane testing-Injury to inspector when crane toppled over - Liability of crane operators; crane hirers; crane inspector; crane inspector's employers (insurers).

O'GRADY v. WESTMINSTER SCAFFOLDING, LTD.

[1962] 2 Lloyd's Rep 238

Damages - Measure of damages - Motor car damaged - Repair costs exceeding pre-accident value-Whether owner reasonable in repairing car and hiring substitutes.

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

[1962] 2 Lloyd's Rep 242

Master and servant - System of working - Loading vessel in dock - Injury to dock worker carrying case over bagged cargo in hold-Liability of employers.

BLACKWELL v. PORT OF LONDON MASTER PORTERS' & STEVEDORING COMPANY, LTD.

[1962] 2 Lloyd's Rep 245

Master and servant-Unnecessary risk-System of working-Occupational hazard-Spreading of cargo - Unloading of cargo in cartons from vessel in dock-Dock worker injured when carton fell from stack landed on quay-Liability of employers.

GOLDSMITH v. RODGER

[1962] 2 Lloyd's Rep 249

Sale of ship-Misrepresentation by purchaser- Right of vendor to rescind contract - Notice of appeal - Application to call further evidence.

THE "SHELL SPIRIT 2"

[1962] 2 Lloyd's Rep 252

Negligent navigation - Putting by - Whether collision between plaintiff vessel and moored barges resulted from negligent navigation of defendant vessel. -Signals-Use of sound signals.

ORION COMPANIA ESPANOLA DE SEGUROS v. BELFORT MAATSCHAPPIJ VOOR ALGEMENE VERZEKGRINGEEN

[1962] 2 Lloyd's Rep 257

Arbitration - Arbitration clause - Allegation that contract was to be decided on equitable and not strictly legal basis-Whether arbitrators had to apply a fixed and recognizable system of law.

-Misconduct by umpire - Final award published by umpire although requested to state special case-Whether a defined question of law existed.

-Misconduct by umpire - All matters at issue not dealt with by umpire -Agreement by arbitrators on one issue- Whether necessary for umpire to decide that issue.

-Award - Whether error of law existed on face of award.

BENNETT v. YORKSHIRE INSURANCE COMPANY, LTD.

[1962] 2 Lloyd's Rep 270

Insurance-Trader's Combined policy-Loss by burglary-Whether assured kept complete record of all sales in accordance with insurance contract-Liability of insurers.

HOLIDAY BOATS, LTD. v. THE ADMIRALTY (THE "TIDEFLOW")

[1962] 2 Lloyd's Rep 277

Collision - Approach to harbour entrance - Look-out - Seamanship - Duty of power-driven vessel to keep out of the way of sailing vessel.

BEVAN v. MILFORD HAVEN DRY DOCK COMPANY, LTD.

[1962] 2 Lloyd's Rep 281

Master and servant - System of working - Repairs to pier-Injury to workman when rotten transom fell - Foreseeability - Liability of employers. Practice-Pleadings-Amendment during trial raising fresh issues.

CRASHLEY v. W. J. WOODWARD FISHER, LTD.

[1962] 2 Lloyd's Rep 284

Master and servant - Fellow-employee - Foreseeable risk-Barge in tow being moored- Injury to lighterman-Negligent navigation of tug-Liability of employers (tug-owners).

HAYES v. BRITISH OIL & CAKE MILLS, LTD.

[1962] 2 Lloyd's Rep 288

Master and servant - System of working - Occupational hazard - Barges moored alongside - Injury to wharf worker preparing to clamber from one barge to the other-Liability of employers.

GERRARD v. BLUE STAR LINE, LTD.

[1962] 2 Lloyd's Rep 294

Negligence-Reasonable care-Peas on floor in dock shed-Injury to dock worker visiting shed - Liability of occupiers - Occupiers' Liability Act, 1957.

VALE v. FURNESS, WITHY & CO., LTD.

[1962] 2 Lloyd's Rep 298

Master and servant - Fellow-employee - Unauthorized hoisting of horse-box by crane-driver - Injury to hatchwayman - Liability of employers - Whether crane-driver acting in course of his employment -Alleged contributory negligence.

YEOMAN CREDIT, LTD. v. GREGORY

[1962] 2 Lloyd's Rep 302

Bills of exchange-Indorsement-Holder in due course-Liability of indorser-Presentment -Notice of dishonour-Bills of Exchange Act, 1882, Sects. 20, 49, 56.

WINTER v. EMPLOYERS FIRE INSURANCE COMPANY*

[1962] 2 Lloyd's Rep 320

Marine insurance-Policy covering motor boat "within the limits of the continental United States of America"-Loss sustained 14 miles from U.S. coast-Whether within policy-Meaning of term.

LUCOCK v. MILDREN AND CHAMBERLAIN

[1962] 2 Lloyd's Rep 325

CARTWRIGHT v. MacCORMACK; TRAFALGAR INSURANCE COMPANY, LTD. (THIRD PARTY)

[1962] 2 Lloyd's Rep 328

Motor insurance - Cover note - Duration - "Fifteen days from commencement date of risk".

UNION OF INDIA v. N.V. REEDERIJ AMSTERDAM

[1962] 2 Lloyd's Rep 336

GODFREY DAVIS, LTD. v. CULLING AND HECHT

[1962] 2 Lloyd's Rep 349

LESLIE v. METCALF MOTOR COASTERS, LTD.

[1962] 2 Lloyd's Rep 357

BROWNING v. THE WAR OFFICE AND RANCE

[1962] 2 Lloyd's Rep 363

COOTER & GREEN, LTD. v. TYRRELL

[1962] 2 Lloyd's Rep 377

W. N. LINDSAY & CO., LTD. v. EUROPEAN GRAIN & SHIPPING AGENCY, LTD.

[1962] 2 Lloyd's Rep 387

Sale of goods-Quality-Analysis of samples -Mowrah seed discovered in cattle food by microscopic analysis - Whether evidence of analysis admissible in arbitration -London Cattle Food Trade Association (Inc.) Contract Form No. 6.

JOSEPH L. THOMPSON & SONS, LTD. v. CHAMBERLAIN (H.M. INSPECTOR OF TAXES)

[1962] 2 Lloyd's Rep 399

Revenue-Income tax-Trading expenditure- Income Tax Act, 1952, Sect. 137 (a).

ROSS v. ELLERMAN & PAPAYANNI LINES, LTD.

[1962] 2 Lloyd's Rep 405

Master and servant-Safe premises-Seaman's fall on deck-Whether deck slippery due to negligence of shipowners.

MUTUAL FINANCE, LTD. v. DAVIDSON AND WHITFIELD

[1962] 2 Lloyd's Rep 409

Hire-Purchase Acts, 1938 and 1954-Price- Whether insurance premium on car formed part of hire-purchase price of car.

ELLIS v. JOHNSTONE

[1962] 2 Lloyd's Rep 417

Negligence-Animal on highway-Common-law rule exempting owner from liability for damage caused-Applicability of rule to dogs-Special circumstances.

BOSS AND HANSFORD v. KINGSTON

[1962] 2 Lloyd's Rep 431

Road Traffic Act, 1960 - Insurance - Third-party risks-Sale of motor-cycle-Whether policy of insurance in force in respect of user of another motor-cycle. Motor insurance - Sale of motor-cycle - Whether policy lapsed when possession of motor cycle wholly parted with.

SUMNER v. WILLIAM HENDERSON & SONS, LTD.

[1962] 2 Lloyd's Rep 435

Master and servant - Contractors - Death of employee-Liability of employer for death of employee if caused by contractors' negligence. -Unnecessary risk-Delegation of duty to contractors by employer-Death of employee-Liability of employer for death of employee if caused by contractors' negligence. -Unnecessary risk-Electric cable -Death of employee - Liability of employer for death of employee if caused by manufacturers' or suppliers' negligence.

THE "FINA CANADA"

[1962] 2 Lloyd's Rep 445

Collision - Fog - River - Radar - Speed - Assessors' advice differing from that given in lower Court-Effect.

CAMPOS v. KENTUCKY & INDIANA TERMINAL RAILROAD COMPANY

[1962] 2 Lloyd's Rep 459

Contract-Bonds-Gold value clause. Practice-"Res judicata." Conflict of laws-Class action-Whether plea or "res judicata" open - U.S.C.A., Title 28. Rule 23.

POWELL v. L. W. MORLAND & SONS, LTD., AND BALTIC STATE STEAMSHIP LINE

[1962] 2 Lloyd's Rep 481

Negligence-System of working-Unnecessary risk - Unloading bales of plywood from hold of vessel in dock-Injury to stevedore -Liability of employers-Liability of shipowners under Occupiers' Liability Act, 1957. Occupiers' Liability Act, 1957-Duty of care- Injury to stevedore during unloading of vessel in dock - Alleged bad stowage - Liability of shipowners.

Lloyd's Law Reports