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"ANASTASSIA" (OWNERS) v. UGLEEXPORT CHARKOW; AKTIES. DAMPSKIBS HEIMDAL v. RUSSIAN WOOD AGENCY, LTD.

(1933) 46 Ll L Rep 1

Charter-party-Detention by ice-Obligation of charterers. (1) "In the event of the loading port being inaccessible by reason of ice on vessel's arrival at the edge of ice . . . the charterers undertake to provide icebreaker assistance to enable steamer to reach, load at and leave loading port, steamer being free of expenses for icebreaker assistance" -Vessel at edge of ice preventing free passage to Mariupol-Icebreaker assistance rendered by charterers for four days, icebreaker then leaving vessel for 17 days-Extent of charterers' obligation-Whether continuing until vessel's arrival at loading port. (2) "Charterers to supply the steamer with icebreaker assistance if required by the captain to enable her to enter or leave port of loading free of all expenses to the owners. . . . Icebreaker assistance to be rendered within 48 hours after steamer's arrival at the ice edge or readiness to leave the port of loading. Any time lost in waiting icebreaker beyond 48 hours after readiness to proceed, to be for charterers' account"-Vessel leaving Leningrad- Extent of charterers' obligation- Alleged ice damage to vessel owing to delay.

THE "MARGARET."

(1933) 46 Ll L Rep 8

Barge-Damage to cargo-Leaky barge 50 years old-Whether damage due to unseaworthiness or to leak caused by obstruction in berth when barge took the ground-Onus of proof of unseaworthiness

RENTON & CO., LTD. v. CORNHILL INSURANCE COMPANY, LTD.

(1933) 46 Ll L Rep 14

Marine insurance-Damage to cargo of timber during transit from warehouse to ship-Cargo intended to be carried as deckload on ship-Timber Trade Federation Insurance Clauses, No. 12: "Deckload warranted free from particular average unless the vessel or craft be stranded, sunk, or burnt, but the assurers are to pay the insured value of any portion of the cargo which may be totally lost by jettison and washing overboard or in loading, transhipment or discharge . . ."- Construction

CORRADO SOC. ANON. DI NAVIGAZIONE v. EXPORTHLEB.

(1933) 46 Ll L Rep 17

Charter-party - Discharging expenses - Option of loading full cargo of grain and/or seeds, &c., "but same not to be lighter than barley"-Freight to be paid on steamer's deadweight capacity (7000 tons) - "All extra expenses at discharging port or ports above rate of discharging barley in bulk to be for charterers' account"- Loading of 4648 tons of optional cargo -Calculation of extra cost of discharging -Charterers' contention that the comparative figures were the cost of discharging 4648 tons of optional cargo and the cost of discharging 7000 tons of barley

JAMES v. TEES CONSERVANCY COMMISSIONERS.

(1933) 46 Ll L Rep 19

Superannuation - Basis of assessment - Employee entitled to a percentage "of the average amount of the salary or wages" during the previous five years -Payment of varying weekly bonuses following upon increased cost of living due to war-Contributions based on payments apart from bonuses - Bonuses still being paid at date of employee's retirement 12 years after war ended-Unvarying bonus paid for previous eight years - Meaning of "wages"-Tees Conservancy Act, 1907.

H. B. WOOD, LTD. v. HULL & NETHERLANDS STEAMSHIP CO., LTD.

(1933) 46 Ll L Rep 23

Bill of lading-Damage to cargo (strawboards) -Goods shipped in defendants' steamer at Harlingen for Hull-Part discharged into lighter at Hull - Steamer, with lighter in tow, shifted under her own steam to coal hoist for bunkers - Negligent towage - Lighter holed and cargo in lighter damaged- Liability of defendants-Whether protected by bill of lading clauses-"To the extent that any term of this bill of lading is repugnant to compulsorily binding provisions of Dutch law it shall be void"-Dutch Code, Art. 470: "The carrier is not free to stipulate that he will not or to no more than a limited amount be responsible for damage due to insufficient care for maintenance, equipment or manning of the means of transport or for its fitness for the agreed carriage, or otherwise to wrong handling or insufficient guarding of the goods. Covenants to this effect are void. 470 (a): Covenants for limiting the liability of the carrier do not relieve him in any case of the burden to prove that sufficient care is bestowed on the maintenance, the equipment or the manning of the means of transport and for its fitness for the agreed carriage, if it appears that the damage is due to a defect of the means of transport or its equipment. This may not be deviated from by contract"

HVALFANGERSELSKAPET POLARIS A/S. v. UNILEVER, LTD., LEVER BROS., LTD., AND ANOTHER. HVALFANGERSELSKAPET GLOBUS A/S. v. SAME.

(1933) 46 Ll L Rep 29

Contract-Sale of entire production- Rejection - Anticipatory breach - Agreement by plaintiffs to sell to defendants "the entire production of whale oil per s.s. [factory ship] for the season 1930/1931" - Delivery of oil-Plaintiffs' contention that they were entitled to deliver oil not only from the factory ship but from any other vessel into which oil produced by the factory ship has been transhipped -Alternative claim for rectification- Defendants' contention that their sole obligation was to take only such oil as was produced and carried by the factory ship and delivered from her tanks, and that the transhipment of oil produced beyond her carrying capacity was a breach going to the root of the contract and entitling the defendants to repudiate-Admissibility of evidence of previous course of business between parties-Meaning of "per" -"Entire production"

THE "PENRHYN."

(1933) 46 Ll L Rep 49

Collision between steamships Afterglow and Penrhyn in Lower Pool, River Thames - Afterglow bound down, approaching Cuckold's Point; Penrhyn bound up - Flood tide - Penrhyn manoeuvred to pass to southward of tug and tow, also bound up, navigating in mid-channel-Respective duties -Way taken off by Afterglow, vessel stemming the tide-Engines subsequently put full ahead in attempt to reach northern water under hard-a-starboard helm-Porting by Penrhyn- Port of London River By-laws, 1914-1926, Rules 33, 36

THE "SEGUNDO."

(1933) 46 Ll L Rep 57

Collision between steamship Turakina and motor vessel Segundo in River Tyne- Subsequent collision between Turakina and steamship Chilton, lying on northern side of river - Turakina bound up, attended by three tugs- Segundo, attended by two tugs, making her way down river, having just emerged from Tyne Dock-Turakina's propeller stripped just before collision -Effect of lost propeller-River Tyne By-laws, Rule 19

KELLEY v. SHAMROCK SHIPPING COMPANY, LTD.

(1933) 46 Ll L Rep 67

Negligence-Personal injuries sustained by pilot disembarking overside from ship he had piloted-Foot caught in steering chain on outside ledge-Questions for jury: "(1) Were the defendants negligent, apart altogether from the negligence of their servants? Yes. (2) Were the defendants negligent through their servants? Yes"-Common employment

ELSTON v. SOUTHERN RAILWAY COMPANY.

(1933) 46 Ll L Rep 71

THE "KITE."

(1933) 46 Ll L Rep 83

Negligence-Damage to plaintiffs' cargo- Goods entrusted by plaintiffs to wharfingers for carriage between wharves on River Thames-Contract made between wharfingers and lightermen-Employment by lightermen of defendants' tug to tow lighter carrying plaintiffs' cargo - Collision between lighter and bridge - Res ipsa loquitur - Onus of proof of negligence - Conditions of contracts - London Lighterage Clause

THE "LEE SANG."

(1933) 46 Ll L Rep 95

Collision between steamships Calchas and Lee Sang in Whangpoo River-Calchas, assisted by tug, swinging in river; Lee Sang bound down-Liability for collision admitted by Lee Sang-Attempt by Calchas to avoid collision by putting engines "full ahead"-Whether under water damage to both vessels largely attributable to fact that Calchas kept her port propeller moving Costs-Short cause-Plaintiffs' case unsatisfactorily defined - Plaintiffs awarded half costs.

WESTMINSTER BANK, LTD., AND ANOTHER v. WEST OF ENGLAND STEAMSHIP OWNERS' PROTECTION AND INDEMNITY ASSOCIATION LTD., AND ANOTHER.

(1933) 46 Ll L Rep 101

Ship-Arrest-Collision between British steamship Lord Guilford and Belgian steamship Sambre in River Scheldt- L G entered in club managed by H & Sons (defendants)-Personal guarantee given to owners of S by defendants to prevent arrest of L G in Belgium- Subsequent insolvency of owners of L G -Arrest in Belgium of L G by owners of S at defendants' suggestion-Omission of defendants to inform owners of L G of intended arrest - Claim by mortgagees in tort and by owners in tort and in contract-Duty of defendants -Whether defendants undertook to plaintiffs to keep the L G free from arrest by the owners of the S

COGGINS & GRIFFITH (LIVERPOOL), LTD. v. PEACOCK.

(1933) 46 Ll L Rep 113

Docks Regulations, 1925-Stevedores-Unloading of ship-Duty imposed on stevedores to keep hatches fenced or securely covered until work completed - Work at one hatch completed -Hatch fenced-Hatch subsequently found unfenced before process of unloading ship completed

THE "COMANCHEE."

(1933) 46 Ll L Rep 115

Collision between cable steamship Monarch and tank steamship Comanchee off Tripcock Point, River Thames - Further collision between Monarch and tug Florida attendant upon Comanchee -Monarch bound down; Comanchee bound up-Comanchee embarrassed by other craft-Flood tide-Thames Bylaws, 1914-26, Rule 36

THE "CABO SANTO TOME."

(1933) 46 Ll L Rep 123

Collision between motor vessels Cometa and Cabo Santo Tome at entrance to River Plate in fog-Vessels on opposite courses - Look-outs - Speeds - Collision Regulations, Art. 16

THE "ELLORA."

(1933) 46 Ll L Rep 128

Court of Inquiry-Seaman-Suspension of certificate-Collision between British steamship Ellora and dhow off Indian coast-Dhow sighted ahead, showing white light-Helm action taken by second officer of steamship (in charge of navigation) to avoid dhow - Engine action taken half a minute before collision -Dhow admittedly at fault for not showing regulation lights-Finding of President of Court of Inquiry that the second officer of the Ellora was negligent and that his negligence contributed to the collision-Certificate suspended - Appeal

WEST EXPORT (CH. ABRAM) v. BAIRD & CO., LTD.

(1933) 46 Ll L Rep 132

Arbitration-Award-Error in law on face -Contract for sale of timber-Whether sale c.i.f.-Legal effect of c.i.f. contract - Rights under insurance policy- Motion by sellers to set aside award

THE "BRITISH INVENTOR."

(1933) 46 Ll L Rep 137

Salvage-Services rendered by tug Atlantic Cock and pilot to steamship British Inventor in Long Reach, River Thames -British Inventor anchored to south of mid-river-Ebb tide-Steamer commencing to swing-Captain of British Inventor informed by pilot on board tug that his steamer was aground- Tug's services accepted-Towage clear in 20 minutes-Claim for salvage

SAFADI v. WESTERN ASSURANCE COMPANY.

(1933) 46 Ll L Rep 140

Marine insurance-Loss by fire-Claim by plaintiff as assignee of policy-"Warehouse to warehouse" clause: "The risks covered by this policy attach from the time the goods leave the shipper's or manufacturer's warehouse at the port of shipment, unless otherwise stated, and continue during the ordinary course of transit, including customary transhipment if any, until the goods are safely deposited in the consignee's or other warehouse at the destination named in the policy or until the expiry of fifteen days from midnight of the day on which the discharge of the goods hereby insured from the overseas vessel is completed whichever may first occur. When the destination to which the goods are insured is without the limits of the port of discharge of the overseas vessel the risks covered by this policy continue until the goods are safely deposited in the consignee's or other warehouse at the destination named in the policy or until the expiry of 30 days from midnight of the day on which the discharge of the goods hereby insured from the overseas vessel is completed, whichever may first occur. Transhipment, if any, otherwise than as above, and/or delay arising from circumstances beyond the control of the assured, held covered at a premium to be arranged" - Goods insured from Manchester to Damascus -Transhipment at Beyrout - Goods stored in Customs House at Beyrout for more than 30 days-Destruction of Customs House by fire-Whether goods still covered-Allegation by plaintiff that transit was delayed owing to the state of insurrection and rebellion in Syria, which were circumstances beyond the control of the assured. -Extent of cover-Right of plaintiff to sue-Marine Insurance Act, 1906, Sects. 49, 50

AKTIES. STEAM v. ARCOS, LTD.

(1933) 46 Ll L Rep 145

Charter-party-Ice clause-Claim by shipowners for damages for detention by ice; for dead freight; and for damage sustained by ship in the ice-"Charterers to supply steamer with icebreaker assistance, if required by the captain, to enable her to enter and/or leave the port of loading, free of all expenses to owners. Captain or steamer's agents to notify the captain of the port in due time of readiness to enter and/or leave the port of loading. Icebreaker assistance to be rendered within 48 hours after steamer's arrival at the ice edge or readiness to leave the port of loading. Any time lost in waiting for icebreaker assistance beyond 48 hours after readiness to proceed to be for charterers' account . . ."-Duty of charterers under ice clause-Sufficiency of notice given by captain of readiness to enter or leave port of loading-Evidence that less timber was loaded owing to covering of ice and snow

AKTIES. BRUUSGAARD v. ARCOS, LTD.

(1933) 46 Ll L Rep 154

Charter-party-Ice clause-Claim by shipowners for damages for detention by ice; and for damage sustained by ship in the ice-"Charterers to supply steamer with icebreaker assistance if required by the captain, to enable her to enter and/or leave the port of loading, free of all expenses to owners. Captain or steamer's agents to notify the captain of the port in due time of readiness to enter and/or leave the port of loading. Icebreaker assistance to be rendered within 48 hours after steamer's arrival at the ice edge or readiness to leave the port of loading. Any time lost in waiting for icebreaker assistance beyond 48 hours after readiness to proceed to be for charterers' account. . . ."-Duty of charterers under ice clause-Effect of temporary disablement of icebreaker by collision with chartered vessel

MICKS, LAMBERT & CO. v. NORTH OF ENGLAND S.S. CO.; SPEAR & THORPE v. SAME.

(1933) 46 Ll L Rep 157

Bill of lading-Short delivery (wheat)- Claim against shipowners-"Shippers' weight, quantity and quality unknown" -Incorporation of Harter Act -Onus of proof of quantity loaded- Suggestion that wheat was burnt with bunkers during voyage

THE "BAARN."

(1933) 46 Ll L Rep 163

Practice - Collision - Damages - Validity of payment - Rate of exchange - Collision between Chilean steamship Bio-Bio and Dutch steamship Baarn off Ecuador-Bio-Bio repaired in Chile, repair bill being paid by owners in Chilean pesos - Baarn arrested by Bio-Bio in England- Admission of liability-Consent to reference under R.S.C., Order 52, r. 23-Bail lodged by Baarn-Application by Bio-Bio to fix day for reference -Depreciation of Chilean currency- Claim of Bio-Bio met by deposit of pesos in Chilean bank by Baarn in accordance with decision of Chilean Court-Payment by "consignation" -Whether a good discharge-Motion by Baarn to dismiss action and discharge bail

THE "REHEARO."

(1933) 46 Ll L Rep 171

Ship-Repairs to ship-Duty of repairers -Trawler in course of being repaired in No. 3 graving dock, Grimsby- Plates removed-Vessel to float on her bulkhead-Dock filled-Sinking of vessel owing to leaky bulkhead-Claim by owners against repairers-Owners' watchman on board-Whether an implied term of the repair contract that the repairers should safely keep the vessel during the repairs-Custom alleged by defendant repairers that the responsibility for floating such a vessel on her bulkhead rested with the owners-Alleged negligence of watchman in failing to notice alteration of vessel's trim

THE "ARPAD."

(1933) 46 Ll L Rep 182

Bill of lading-Short delivery (wheat)- Claim against shipowners-"Weight, quality, quantity and contents unknown" -Admixture of wheat cargo with barley-Proof of loss-Passing of property-"Any deficiency on bill of lading weight to be paid for by seller [shipper] and any excess over bill of lading weight to be paid for by buyer [plaintiffs] at contract price"-Right of plaintiffs to sue

WHITE & SON (HULL), LTD. v. WHITE STAR LINE, LTD. (THE "HOBSONS BAY").

(1933) 46 Ll L Rep 189

Bill of lading-Damage to refrigerated cargo (apples)-Whether due to maintenance of improper temperatures or to inherent vice ("internal breakdown") -Fitness of refrigerated hold for carriage of apples-Temperatures at which apples should be carried-Evidence of experts-Inference to be drawn from the shipowners' instructions to their officers relating to the carriage of fruit -Australian Sea Carriage of Goods Act, 1924, Schedule, Arts. III (1) (2), IV (2) (m) (q)

THE "GOTHIC STAR."

(1933) 46 Ll L Rep 196

Bill of lading-Damage to refrigerated cargo (pears)-Claim against shipowners -Shipment in apparent good order-Pears found decayed on discharge -Whether negligence of shipowners caused or contributed to decay -Onus of proof

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

(1933) 46 Ll L Rep 199

Workmen's compensation-Average weekly earnings-Computation-Accident to boatswain's mate-Incident of his employment that he was employed at sea for only 9 months of the year-Whether Judge proceeded on wrong principle in determining average weekly earnings

THE "KAITUNA."

(1933) 46 Ll L Rep 200

Collision between steamships Selje and Kaituna off Cape Otway, South Australia-Vessels on crossing courses of 8 deg.-Whether end-on or crossing case (with Kaituna the stand-on vessel)-Whether each vessel was "in such a position as to see both the side lights of the other"-Collision Regulations, Arts. 18, 19

THE "TACOMA."

(1933) 46 Ll L Rep 208

Collision between steamship Pencarrow and motor vessel Tacoma in River Plate-Damage to wheat cargo ex Pencarrow - Claim by cargo-owners against Tacoma-Tacoma found alone to blame for collision-Whether Tacoma responsible for cargo damage-Cement box on Pencarrow found started on discharge of cargo-Allegation that starting of box wag due to collision

THE "MINERVA."

(1933) 46 Ll L Rep 212

Practice-Jurisdiction in rem-Damage received by and/or done by a ship- Discharge of defendants' vessel Minerva by plaintiffs' grain elevator New Perseverance -Part of elevator on Minerva for purpose of discharge-Discharge completed-Transfer of elevator from Minerva to New Perseverance-Breaking of Minerva's hoisting gear- Damage to New Perseverance and elevator -Appeal against decision of Registrar setting aside writ in rem issued against Minerva-Supreme Court of Judicature (Consolidation) Act, 1925, Sect. 22 (1) (a): "The High Court shall, in relation to admiralty matters, have . . . jurisdiction to hear and determine . . . (iii) any claim for damage received by a ship . . . (iv) any claim for damage done by a ship" . . . Sect. 33: "The admiralty jurisdiction of the High Court may be exercised either in proceedings in rem or in proceedings in personam"

ASSOCIATION OF MASTER LIGHTERMEN & BARGE OWNERS (PORT OF LONDON) v. SOUTHERN RAILWAY COMPANY.

(1933) 46 Ll L Rep 216

Railways-Charges-Undue preference- Wharfage services rendered by respondent railway company at their quays and wharves-Introduction of inclusive rates covering lighterage by accredited agents and respondents' services-Lower wharfage rate charged to accredited agents than to claimants, who represented the independent lightermen-Application by claimants for a declaration that such inclusive charge made by railway company to their accredited agents constituted an undue preference - "The burden of proving that such lower charge or difference in treatment does not amount to an undue preference shall lie on the railway company . . . In deciding whether a lower charge or difference in treatment does or does not amount to an undue preference, the Court . . . may, so far as they think reasonable, in addition to any other considerations affecting the case, take into consideration whether such lower charge or difference in treatment is necessary for the purpose of securing in the interests of the public the traffic in respect of which it is made"- Railway & Canal Traffic Act, 1854, Sect. 2-Railway & Canal Traffic Act, 1888, Sect. 27

BURNETT STEAMSHIP COMPANY, LTD. v. JOINT DANUBE & BLACK SEA SHIPPING AGENCIES.

(1933) 46 Ll L Rep 231

Charter-party-Loading time-Demurrage -Rainy periods-"Should any time be lost whilst steamer is in a loading berth owing to work being impossible through rain . . . the amount of actual time so lost . . . to be added to the loading time . . ."-Rain which would have made it impossible to load cargo had cargo been alongside-No cargo ready for loading - Whether such rainy periods should be added to the loading time

THE "BOHEME."

(1933) 46 Ll L Rep 236

Negligent navigation-Collision between plaintiffs' steamship Ashworth and defendants' steamship Boheme in Novorossisk Harbour - Vessels at anchor-High wind-Boheme found to be dragging-Engines put full speed ahead and anchors raised in endeavour to keep clear of Western Mole-Boheme manoeuvred across Ashworth's bows- Ashworth's anchor chains fouled- Collision-Onus of proof

THE "HARTON" AND THE "VIRGINIA."

(1933) 46 Ll L Rep 240

Collision between steamship Woodcock and tug Harton in Limehouse Reach, River Thames - Woodcock bound down; Harton (towing barges) bound up- Vessels passing astern of steamship Virginia turning in river-Sudden sheer by Harton into Woodcock alleged to be due to propeller action of Virginia in endeavour to go ahead- Whether navigable water to south of Virginia's stern too narrow for safe passing of Woodcock and Harton

GRAIN UNION COMPANY S.A. v. A/S. HANS LARSEN.

(1933) 46 Ll L Rep 246

Sale of goods-"Notice of appropriation- Sale of maize-"Notice of appropriation with ship's name, date of bill or bills of lading and approximate quantity loaded, shall be mailed within three days or telegraphed within seven days from date of bill of lading by the shipper of the grain . . . and be passed on by his buyer . . . and by each subsequent seller within one business day from receipt of the said notice . . . A valid notice of appropriation when once given shall not be withdrawn . . . All notices under this clause shall be deemed to be under reserve for errors or delays in telegraphic transmission" -Telegram from sellers to their agents that contract maize had been shipped per Iris-Information passed on by agents to buyers-Sellers' mistake in naming steamer-Maize in fact shipped per Triton-Claim by buyers to reject

BRITISH DYEWOOD COMPANY, LTD. v. FUERST BROS. & CO., LTD.

(1933) 46 Ll L Rep 249

Sale of goods (c.i.f.)-Claim by buyers to reject parcel of gall nuts as not being in accordance with contract-Dispute to be settled by arbitration according to rules of General Produce Brokers' Association-Rule 9 (f)-Award "that the contract be closed by the buyers invoicing back the goods to the sellers" at a certain weight and price "plus interest at 5 per cent. per annum from the date of taking up the documents to the date of this award. All charges which have been incurred to be for sellers' account. Settlement to be made within seven days of this award. The onus of recovering under the marine policy from the insurance company rests entirely upon the sellers"- Construction - Whether an award upholding rejection by buyers or entitling buyers only to the difference between the contract price and invoicing-back price, plus certain charges

HUMPHREY, LTD. v. BAXTER, HOARE & CO., LTD.

(1933) 46 Ll L Rep 252

Warehousemen - Negligence - Mildew damage to plaintiffs' goods (nut kernels) while in defendants' warehouse -Whether damage due to damp condition of warehouse-Goods purchased ex warehouse by plaintiffs from A, who had warehoused goods under contract excusing defendant company from liability for "loss damage or injury of or to the . . . property howsoever and whensoever caused and of what kind soever [or] for any act neglect or default of the company or its servants or others for whom it is responsible or for unfitness . . . of store"-Whether plaintiffs bound by contract conditions

HORN (KEMPSTON), LTD. v. ADDIS & KEEN, LTD.

(1933) 46 Ll L Rep 256

Warehousemen - Detinue - Lien - Agreement by H. Ltd. to land and deliver plaintiffs' wheat-Agreement between H. Ltd. and defendants that defendants would lighter and warehouse for H. Ltd.-H. Ltd. in liquidation - Indebtedness to defendants -Claim by defendants to exercise general lien over plaintiffs' wheat in defendants' warehouse - Whether plaintiffs had notice of and/or impliedly authorised H. Ltd. to contract with defendants on terms that defendants should "have a particular as well as a general lien on all goods for unpaid accounts"- Authority of H. Ltd.

WATERS, LTD. v. GENERAL WHARFAGE & SUPPLY COMPANY, LTD.

(1933) 46 Ll L Rep 263

Practice-Mayor's and City of London Court - Admiralty jurisdiction - Collision between plaintiffs' dumb barge James (in tow) and defendants' tug Champion in River Thames- Application by defendants to set aside proceedings-Dumb barge in tow- Whether a "ship" entitling plaintiffs to invoke admiralty jurisdiction of Court - County Courts Admiralty Jurisdiction Acts, 1868 and 1869

RUBY STEAMSHIP CORPORATION, LTD. v. COMMERCIAL UNION ASSURANCE COMPANY, LTD.

(1933) 46 Ll L Rep 265

Insurance (marine) - Brokers - Cancellation of policies-Sale of ship- Insurance of vendors' and purchasers' (plaintiffs') interests to be effected by W corporation (holding a part interest) -Premiums payable by plaintiffs -Policies effected by New York insurance brokers through English brokers with defendant underwriters- Premiums unpaid by plaintiffs- Cancellation by New York brokers- Later policies effected for less cover- Recovery under later policies-Right of brokers to cancel earlier policies- American or English law-Whether plaintiffs ratified cancellation of the earlier policies and were estopped from denying that they were cancelled with their authority

JONES v. BIRCH BROS., LTD., AND OTHERS (LICENSES & GENERAL INSURANCE COMPANY, LTD., THIRD PARTIES).

(1933) 46 Ll L Rep 277

Motor insurance-Claim by injured plaintiff against assured-Third party notice issued against insurance company-Application by insurance company to stay third party proceedings on ground that policy contained a Scott v. Avery clause-Road Traffic Act, 1930, Sects. 36, 38 - Proceedings stayed - Interlocutory appeal

JAMES v. TEES CONSERVANCY COMMISSIONERS.

(1933) 46 Ll L Rep 283

Superannuation-Basis of assessment- Employee entitled to a percentage "of the average amount of the salary or wages" during the previous five years -Payment of varying weekly bonuses following upon increased cost of living due to war-Contributions based on payments apart from bonuses-Bonuses still being paid at date of employee's retirement 12 years after war ended- Unvarying bonus paid for previous eight years-Meaning of "wages" - Tees Conservancy Act, 1907

THE "NIJVERDAL."

(1933) 46 Ll L Rep 287

Collision between steamship Beaconray and motor vessel Nijverdal off Beachy Head-Vessels on crossing courses-Duty of Nijverdal to give way and pass under stern of Beaconray-Whether Beaconray to blame for failing to keep her course and for not reversing her engines

THE "STENTOR."

(1933) 46 Ll L Rep 290

Collision between steamship Guildford Castle and motor vessel Stentor in River Elbe-Guildford Castle bound down; Stentor bound up-Guildford Castle emerging from fog bank-Warning blast sounded - Vessels suddenly in view of each other, with Stentor on starboard bow of Guildford Castle-Sharp port wheel action by Guildford Castle, taking her to wrong side of channel-Speeds

AMOS & SMITH, LTD. v. SEA STEAMSHIP COMPANY, LTD.

(1933) 46 Ll L Rep 299

Repairs to ship-Conversion of plate rudder to Oertz rudder-Plaintiffs to unship, convert and replace-Rudder unshipped-Pintles and bushes found to be worn-Further agreement by plaintiffs to fit new pintles and bushes -Vessel dry docked and work on rudder completed-Converted rudder placed in position with only four out of five pintles engaged-Vessel floated-Fifth pintle found to be out of alignment-Vessel dry docked again and further repairs effected-Allegation by plaintiff repairers that misfit was due to original distortion of rudder, which was not their responsibility under the repair contract-Claim to recover extra expenses incurred-Counterclaim by shipowners for loss of use

CORY BROTHERS & COMPANY, LTD. v. UNIVERSE PETROLEUM COMPANY, LTD.

(1933) 46 Ll L Rep 309

Sale of goods-Quantity-Agreement to buy motor spirit-"Quantity: Requirements up to but not exceeding 45,000 Imperial gallons per week"-"Price: 634d. per gallon ex wharf . . . plus petrol tax . . ."-Alleged underpayment-Buyers' plea that supplies were taken under subsequent verbal agreement which provided for reduction in price to 2d. per gallon buyers to pay 238d. per gallon and to be refunded the additional 38d. per gallon "when there is a rise in prices or conditions improve" - Obligations of buyers under original agreement-Claim by buyers to refund under verbal agreement-Award that sellers' claim failed and that buyers were entitled to a refund

VALLE-JONES v. LIVERPOOL & LONDON & GLOBE INSURANCE COMPANY, LTD.

(1933) 46 Ll L Rep 313

Motor insurance - Practice - Action brought claiming indemnity under policy-Arbitration clause-Stay of action-Appeal-Discretion of Judge-Arbitration Act, 1889, Sect. 4

THE "CORDILLERA."

(1933) 46 Ll L Rep 315

Collision between steamships Royal Archer and Cordillera in Gallions Reach, River Thames-Both vessels inward bound, Royal Archer following Cordillera-Cordillera commencing to turn-Allegation that Cordillera came astern - Signals - Look-out - Speed -Port of London River By-laws, 1914-1926, Rule 23

THE "LISA."

(1933) 46 Ll L Rep 320

Negligence-Damage to motor vessel-Alleged bad berth-Responsibility of defendant harbour authority-Duty to keep berth and approaches fit for reception of vessels-Damage suffered by vessel while in berth-Whether due to negligence of defendants by their servants

THE "TOVARISTCH STALIN."

(1933) 46 Ll L Rep 330

Salvage-Service rendered by trawlers Capel, Solway Firth, St. Rose, Lady Eleanor, St. Melante and Ross to Russian steamship Tovaristch Stalin off Spitzbergen coast-Vessel bumping on sunken rocks-Rudder disabled-Assistance requested by wireless-Incorrect position given-Vessel, 50 miles from indicated position, discovered by use of trawlers' direction finders-Very dangerous coast-Four to six hours' daylight per day- Passengers taken off and vessel towed clear into deeper water, where she was taken in tow by sister ship, which completed the towage to her destination

"THE LADY BELLE."

(1933) 46 Ll L Rep 342

Collision between steamships Mona and The Lady Belle off Smalls Light-Vessels on crossing courses, with the Mona the give-way vessel-Failure to give way-Admission of liability-"When [stand-on] vessel finds herself so close that collision cannot be avoided by the action of the giving way vessel alone, she also shall take such action as will best aid to avert collision" (Note to Art. 21)-No action taken by The Lady Belle-Whether The Lady Belle should have aroused the attention of the Mona by some sort of warning signal -Practice-Preliminary act-No evidence called by plaintiffs-Reliance upon admissions in defendants' preliminary act - Admissibility - Held, that such statements were evidence against the party making them.

THE "KATE."

(1933) 46 Ll L Rep 348

Collision between steamships Faxfleet and Kate in River Humber-Both bound down-Faxfleet aground after having passed Kate-Faxfleet run into by Kate-Alleged negligence of Faxfleet in grounding

TYNE DOCK ENGINEERING COMPANY, LTD. v. LAVERTON STEAMSHIP COMPANY, LTD.

(1933) 46 Ll L Rep 352

Repairs to ship-Claim by repairers for cost of work done-Classification repairs-Acceptance by defendant shipowners of tender by plaintiffs in respect of repair items in defendants' specification-Surveyor appointed by defendants in attendance-Authority of surveyor to instruct plaintiffs to carry out repairs beyond those set out in defendants' specification - Further repairs necessary for vessel to retain her class-Defendants' allegation that no further repairs were to be executed without the personal sanction of the shipowners themselves

Lloyd's Law Reports