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

(1934) 49 Ll L Rep 1

THE "STENTOR."

(1934) 49 Ll L Rep 9

Practice-Costs-Taxation-Appeal and cross-appeal - Collision between steamer "Guildford Castle" and motor vessel "Stentor" in River Elbe -Both found to blame-Apportionment: "Guildford Castle," four-fifths; "Stentor," one-fifth - Appeal by "Stentor"-Cross-appeal by "Guildford Castle"-Appeal and cross-appeal dismissed with costs - Rule to be applied upon taxation

THE "BAARN."

(1934) 49 Ll L Rep 14

Conflict of laws-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 (payment by "consignation") of pesos in Chilean bank by "Baarn" in accordance with order of Chilean Court-Power in "Baarn" to withdraw deposit-Motion by "Baarn" to dismiss action and discharge bail- Decision of C.A. that payment by "consignation" was not a good payment -Whether a payment on account -Impossibility to purchase foreign currencies in Chile with pesos

BORTHWICK & SONS, LTD. v. NEW ZEALAND SHIPPING COMPANY, LTD.

(1934) 49 Ll L Rep 19

Bill of lading-Damage to cargo (frozen meat)-Meat "shipped in apparent good order and condition"-Delivered crushed, misshapen and affected with mould-Cause of damage-Inherent vice -Evidence of temperatures kept in refrigerated holds during voyage- Expert evidence of the germination and growth of mould

WHELAN (INSPECTOR OF TAXES) v. DOVER HARBOUR BOARD.

(1934) 49 Ll L Rep 31

Revenue-Income tax-Revenue or capital expenditure - Harbour authorities - Expenditure incurred in removing sunken vessel and blockships-Appeal by Crown against finding of Tax Commissioners upholding harbour board's contention that the work "was of a nature similar to ordinary dredging or the removal of wrecks or other obstructions which might at any time occur in the harbour, and that the expenditure thereon was money wholly and exclusively laid out or expended for the purposes of the respondents' trade or business and was not capital employed in the business"-Whether a question of law-Income Tax Act, 1918, Schedule D, Cases I and II

THE "CAPULIN."

(1934) 49 Ll L Rep 36

Collision between British steamship "Sherwood" and American steamship "Capulin" in Sea Reach, River Thames - "Sherwood" bound down river; "Capulin" bound up - "Capulin" navigating on wrong side of river-Starboard helm signal given by "Sherwood" to indicate that she intended to keep her course - Signal not heard by "Capulin"-Signal repeated when vessels in close proximity -Starboarding by "Capulin" and hard-a-porting by "Sherwood" just before collision-Look-out

THE "COMITAS."

(1934) 49 Ll L Rep 43

Salvage - Services rendered by steam trawler "Frascati" to steamship "Comitas" - "Comitas," without anchors and short of coal, drifting in northerly gale off Scarborough-Risk of going ashore-Risk imminent if gale veered to east-Tug on way to assist- Offer of assistance by "Frascati" - Dispute whether offer accepted - "Comitas" taken in tow by tug - Claim by "Frascati" as dispossessed salvor - Whether "Frascati" requested to stand by during the tow

THE "KIRBY."

(1934) 49 Ll L Rep 50

Salvage-Services rendered by motor lifeboat "City of Bradford II" to steam trawler "Kirby" ashore near Spurn Head-Heavy ground swell-Vessel ashore half an hour before high water -"Kirby's" anchor taken out astern -Wire rope taken from "Kirby" to tug engaged to tow vessel off - "Kirby" towed off by tug

NORWICH UNION FIRE INSURANCE SOCIETY, LTD. v. WM. PRICE, LTD.

(1934) 49 Ll L Rep 55

Marine insurance - Abandonment - Payment of claim-Mistake-Insurance of lemons shipped in steamer A-Information received by assured that vessel had been in collision; that the lemons had of necessity been sold; with instructions to claim against the insurers -Settlement of claim, insurers taking from assured usual letter of subrogation - Subsequent discovery that damage to lemons, followed by their sale, did not arise in consequence of insured perils-Claim by insurers to recover payment made in settlement- Bona fide mistake of fact-Australian Marine Insurance Act, 1909.

"PORTOFINO" (OWNERS) v. BERLIN DERUNAPTHA.

(1934) 49 Ll L Rep 62

Charter-party - Demurrage - Vessel to load lubricating oil and/or fuel oil and/or mazout and/or gas oil and/or solar oil-Notice of readiness given- Inspection of vessel by charterers' agents - Captain informed by charterers that vessel was to load kerosene and that vessel was unfit for carriage of kerosene - Refusal by captain to load kerosene - Repairs effected by captain-Alleged agreement upon the terms of letters passing between the captain and the charterers that the charterers would load heavy oil provided captain renounced claims for demurrage and paid inspection expenses, &c.-Authority of master to waive demurrage claim-Consideration - Finding of umpire that vessel was seaworthy when notice of readiness was given; that the charterers were not entitled to load kerosene under the charter-party; that the charterers were not entitled to claim that the vessel should be fit for the carriage of kerosene; that the defects complained of by the charterers were matters of small moment and did not in any way affect the fitness of the vessel to load; and that the document signed by the captain in which he renounced demurrage claims, &c., was obtained under circumstances, which amounted to compulsion; and that the charterers were at the time in default under the charter-party and there was no consideration for any promise made by the captain in that document.

THE "HERON."

(1934) 49 Ll L Rep 78

Collision between steamships "Steersman" and "Heron" off Bass Rock, Firth of Forth, in fog-"Steersman" outward bound; "Heron" inward bound-Duty of vessels under Art. 16-Speeds. Collision Regulations, Art. 16: "A steam vessel hearing, apparently forward of her beam, the fog signal of a vessel the position of which is not ascertained, shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over"-Whether vessel should take immediate engine action to come to a standstill - Seamanship.

HAIN STEAMSHIP CO., LTD. v. SOCIEDAD ANONIMA COMERCIAL DE EXPORTACION E IMPORTACION (LOUIS DREYFUS & CO., LTD.).

(1934) 49 Ll L Rep 86

Charter-party - Dispatch money - Saturday afternoons-"Steamer shall be loaded at the rate of . . . tons per running day . . . Sundays and holidays excepted. . . . Time for loading shall commence to count 12 hours after written notice has been given . . ."- Meaning of "running day"-Finding of umpire that the work of loading vessels at the various loading ports on Saturdays after 1 p.m. was illegal by local law; but that notwithstanding that prohibition Saturdays should be computed as full days-Whether period after 1 p.m. on Saturdays should be excluded from the computation of "running days."

ANDREA SANGUINETI FU DAVIDE v. UGLEEXPORT.

(1934) 49 Ll L Rep 89

Charter-party-Ice clause-Provision of icebreakers by charterers-Delay in reaching loading port (Mariupol)- Claim by shipowners for demurrage and/or damages for detention-Arbitration -Award-Ice clause: "(1) In the event of the port of loading being inaccessible by reason of ice on vessel's arrival at Kertch . . . the charterers undertake to provide icebreaker to enable steamer to reach . . . [Mariupol] steamer being free of expenses for icebreaker. (2) Time lost by steamer waiting for icebreaker when entering loading port during 48 hours after her arrival at Kertch . . . not to count . . . as lay days. (3) Any detention to the steamer waiting for icebreaker . . . (above the time mentioned in Item 2) to count . . . as time for loading . . . to be paid by the charterers at the rate of £25 per day, from which time days saved in loading shall be deducted. (4) In order not to miss her cancelling date steamer must arrive at Kertch . . . not later than at noon the day previous to the cancelling date stipulated in Clause 11 and in the case of any delay through ice whilst on passage, or entering loading port . . . the cancelling date to be extended accordingly. (5) Captains must follow official instructions issued by authorities for vessel convoyed by icebreakers through the ice" -Icebreaker Regulations: "(4) The time and order of proceeding through the ice, as well as the number of vessels to be convoyed simultaneously, shall be fixed, if in port, by the harbour-master, and if at sea, by the master of the icebreaker. (5) The master of vessels following an icebreaker through the ice shall comply with the orders of the master of the icebreaker in regard to their movements in the ice and shall act in accordance therewith"- Construction-Obligation of charterers- Vessel taken by icebreaker in convoy with three other vessels in accordance with harbour-master's instructions- Whether vessel entitled to exclusive assistance.

THE "LUBLIN."

(1934) 49 Ll L Rep 98

Collision between Swedish steamship "Walborg" and Polish steamship "Lublin" in River Humber-"Walborg" anchored in river, waiting to enter dock; "Lublin" leaving dock- Allegations by "Lublin" (1) that the "Walborg" hove in on her anchor and came ahead at an improper time; (2) that she was exhibiting navigation lights.

THE "MARWICK HEAD."

(1934) 49 Ll L Rep 103

Collision between motor trawler "Energic" and steamship "Marwick Head" off North Haisbro Light-vessel in thick fog-Vessels on opposite courses- Speeds-Helm action.

DORMAN, LONG & CO., LTD. v. CORY & SON, LTD., AND ANOTHER.

(1934) 49 Ll L Rep 106

Negligence-Barges supplied by defendants to carry away excavated soil from cofferdam erected by plaintiffs in connection with construction of bridge over entrance to Victoria Docks-Collision between barge and cofferdam- Collapse of cofferdam - Plaintiffs' allegation that barge was brought up in an improper and negligent manner -Defendants' contention that there was no negligence in the navigation of the barge; that plaintiffs had not provided a safe berth; and that the cofferdam collapsed owing to inherent vice.

INTERNATIONAL MERCANTILE MARINE COMPANY v. OCEANIC STEAM NAVIGATION COMPANY AND OTHERS.

(1934) 49 Ll L Rep 113

Companies - Injunction - Merger agreement between C and O companies as condition of Government assistance towards completion of vessel originally ordered by C company-Previous sale by plaintiffs to R company of whole of issued share capital of O company- Purchase by instalments - Shares vested in trustees-Power of sale in trustees in case of default by R company in payment of any instalment of purchase price of interest-Motion by plaintiffs for an injunction to restrain O company from acting upon the merger agreement-Locus standi of plaintiffs-Whether O company or its directors exceeded their powers.

TATE & LYLE, LTD. v. HAIN STEAMSHIP COMPANY, LTD.

(1934) 49 Ll L Rep 123

Bill of lading-Deviation-General average -Claim by plaintiff indorsees to recover deposit made in accordance with Lloyd's average bond-Sale of sugar to plaintiffs - Charter by sellers of defendants' vessel "Tregenna" - Vessel to "proceed to Cuba and there load . . . at one or two safe ports on the south side and at one safe port on the south side of San Domingo as ordered and/or at customary outside anchorage at charterers' option . . ."-Incorporation in bill of lading of charter-party terms and conditions-Vessel instructed by ship's agents in accordance with sellers' request to proceed to Casilda as vessel's first loading port-Following sellers' further request, night letter telegram sent by ship's agents ordering captain to proceed to Santiago and to San Pedro (San Domingo)-No telegraph beyond Trinidad (Cuba) - Ship's agents informed by cable company that message would be mailed from Trinidad to Casilda - Message not delivered - Vessel proceeds to Santiago from Casilda in accordance with sellers' agents' instructions-Failure to call at San Pedro - Vessel recalled to San Pedro upon discovery of mistake - Grounding of vessel on leaving San Pedro, general average expenses being incurred by shipowners-Cargo transhipped by shipowners and carried to its contract destination by another vessel-Claim by plaintiffs that they were not liable to contribute in general average as the vessel had deviated - Orders to proceed to San Pedro within knowledge of ship's agents - Liability of plaintiffs under Lloyd's average bond-Shipowners' lien upon cargo-Counterclaim by shipowners for freight in respect of Casilda and Santiago cargoes transhipped-Effect of deviation.

THE "CARDUCCI."

(1934) 49 Ll L Rep 141

Collision between dumb barge "May," in tow of tug "Orient," and steamship "Carducci," in tow of tug, in the Upper Pool, River Thames-"May" bound up; "Carducci," leaving wharf on south side, bound down-Plaintiffs' allegation that the "Carducci" was out of control and came across stream into her wrong water-Defendants' contention that the "Orient" was navigating in her wrong water.

R. & W. PAUL, LTD. v. WHEAT COMMISSION.

(1934) 49 Ll L Rep 146

Wheat Act, 1932-Middlings-Whether flour or offal-Claim by Wheat Commission to quota payments-Arbitration under By-law No. 20 (S.R. & O., 588) made in accordance with Wheat Act-Plea of res judicata-Validity of by-law- Jurisdiction of Court-Whether Wheat Commission a public authority.

SOMMER v. MATHEWS.

(1934) 49 Ll L Rep 154

Insurance-Requisition and/or confiscation of private dwelling houses in Germany -"This policy is to cover loss of and/or damage to the property hereby insured directly caused by requisition and/or confiscation or wilful destruction by the Government or the municipal or local authority of the country in which the property hereby insured is situated . . . This policy does not extend to cover loss or damage occasioned by . . . requisition, confiscation or seizure made in respect of non-payment of taxes, duties or charges"-Absence of plaintiff from Germany-Tax on flight from Germany-Occupation of plaintiff's property by officials of Government department-Whether a requisition or confiscation amounting to a total loss to plaintiff-Partial loss-Damage.

THE "LUSO."

(1934) 49 Ll L Rep 163

Collision between Latvian steamship "Margarete" and Portuguese steamship "Luso" in North Sea during fog -"Margarete" southward, "Luso" northward, bound - "Margarete" navigating in fog-Signals first heard by "Luso" when "Luso" navigating in clear weather-Duties under Art. 16 -Signals heard forward of beam- "Margarete" admittedly 50 per cent. to blame - "Margarete" found to blame for failure to stop and for alteration of course; "Luso" found to blame for failure to stop-Apportionment of blame: "Margarete," three-quarters; "Luso," one-quarter - Appeal by "Margarete" against apportionment- Responsibility of Court of Appeal. Collision Regulations, Art. 16: Per Greer, L.J.: "If a vessel though herself not in fog hears the whistle of another vessel in a position which the first vessel has not ascertained, it is the duty of the first vessel to obey that rule, and I think the law laid down in the 'Bernard Hall,' 9 Asp. 300, correctly interprets that rule . . ."

THE "ERLING LINDOE."

(1934) 49 Ll L Rep 168

Collision between Japanese steamship "Hakone Maru" and Norwegian steamship "Erling Lindoe" in Halfway Reach, River Thames-"Hakone Maru" bound up; "Erling Lindoe" bound down-Look-out-Helm action- Thames By-Laws, Rule 33.

"SEDGEPOOL" (OWNERS) v. JOSEPH RANK, LTD.

(1934) 49 Ll L Rep 176

Bill of lading-Short delivery (wheat)- No. 1, No. 2 and No. 5 Northern Manitoba wheat shipped at Vancouver, discharged at Hull - Discrepancy between shipped and outturn weights of No. 1 wheat- Evidence of weight shipped-Requirements of Canadian Acts-Accuracy of Vancouver and Hull figures-Claim for damage by heating admitted by shipowners-Whether heating also responsible for shortage - Canadian Water-Carriage of Goods Act, 1910, Sect. 9- Canadian Grain Act, 1930, Sect. 162.

CONNOLLY SHAW, LTD. v. A/S. DET NORDENFJELDSKE D/S.

(1934) 49 Ll L Rep 183

Bill of lading - Deviation - General ship soliciting cargo-Shipment of lemons at Palermo for London-Vessel then proceeds to Valencia where she loads potatoes, then direct to Hull to discharge potatoes, and then to London to discharge lemons-Whether deviation to Hull justified under following clause: "The ship is to be at liberty either before or after proceeding towards the port of delivery of the said goods, to proceed to or return to and stay at any ports or places whatsoever (although in a contrary direction to or out of or beyond the route of the said port of delivery) once or oftener in any order, backwards or forwards, for loading or discharging cargo . . . or for any purpose whatsoever, whether in relation to her homeward voyage, or to her outward voyage, or to an intermediate voyage, and all such ports, places and sailings shall be deemed included within the intended voyage of the said goods"-Construction - Applicability to perishable cargo-Delay of three days-Deterioration-Alleged loss of market.

"T" STEAM COASTERS, LTD. v. TAYSIDE FLOORCLOTH COMPANY, LTD.

(1934) 49 Ll L Rep 192

Bad berth-Damage to pursuers' vessel in grounding at defenders' berth-Tidal berth, River Tay-Duty of owners of berth-Berth practically uncovered at low tide - Reasonable inspection - Whether defenders should have taken soundings-Inference to be drawn from fact that berth had been used by similar vessels for 30 years without mishap- No alteration in character during that period.

THE "SENTRY."

(1934) 49 Ll L Rep 201

Collision between steam barge "Bounty" and steamship "Sentry" in Manchester Ship Canal-"Bounty" bound up; "Sentry" bound down - Contact between "Bounty's" bow and "Sentry's" stern and propeller- Whether either vessel sheered.

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

(1934) 49 Ll L Rep 210

FRAZER & HAWS, LTD. v. BURNS.

(1934) 49 Ll L Rep 216

Insurance (burglary)-Practice-Jeweller's policy taken out by plaintiffs - Claim arising from burglary-Defence alleging breach of warranty in respect of certain answers in proposal form; misrepresentation; fraudulent exaggeration of claim-Payment into Court- Not taken out by plaintiffs within seven days-Case set down for trial-Subsequent conviction of burglar-Certain insured articles recovered-Evidence of over-insurance - Application by plaintiffs for payment out (11 months after payment in) opposed by defendants -Summons by defendants to amend defence-Leave to amend defence refused by Master and money ordered to be paid out-Appeal by defendants to Roche, J., dismissed-Leave to appeal given.

THE "WILLIAM WILBERFORCE."

(1934) 49 Ll L Rep 219

Collision between steamship "Bronzite" and motor vessel "William Wilberforce" in Gravesend Reach, River Thames-"Bronzite" anchored in river; "William Wilberforce" bound up-"William Wilberforce," light, going dead slow - Squally weather - Liability of "William Wilberforce" to be deflected from her course - Allegation by "William Wilberforce" that "Bronzite" was exhibiting misleading lights in that her signal for a pilot led the "William Wilberforce" to believe that the "Bronzite" was under way.

THE "NUTFIELD."

(1934) 49 Ll L Rep 223

Collision between Dutch steamship "Jonge Elisabeth" and British steamship "Nutfield" in Gravesend Reach, River Thames-"Jonge Elisabeth" bound up; "Nutfield" bound down- Steamship "Hermia" bound down ahead of "Nutfield" in her wrong water-Passing of "Jonge Elisabeth" and "Hermia" starboard to starboard at invitation of "Hermia"- "Nutfield" also navigating in wrong water - Invitation to "Jonge Elisabeth" to pass in similar manner -Invitation refused - Exchange of signals-Failure of "Jonge Elisabeth" to take off her way-Thames By-laws, Rule 33.

JESTER-BARNES v. LICENSES & GENERAL INSURANCE COMPANY, LTD.

(1934) 49 Ll L Rep 231

Motor insurance - Non-disclosure- Accident-Action brought against assured -Insurance company brought in as third parties - Third party motion stayed by Court - Scott v. Avery clause in policy-Arbitration- Estoppel

ROPNER SHIPPING COMPANY, LTD., v. MORGAN AND ANOTHER.

(1934) 49 Ll L Rep 241

Workmen's compensation-Payment into Court with admission of liability- Death of seaman on Nov. 15, 1933, as result of accident arising out of and in the course of his employment- Payment into Court Jan. 2, 1934, by employers in respect of their liability to parents and widow- Death of widow on Jan. 10, 1934 -Following Registrar's report, inquiry before Judge regarding adequacy of payment in - Contention by employers that payment in was excessive-Finding of Judge that the employers, having paid an amount into Court with an admission of liability, had no locus standi in respect of any portion of that amount and could not claim repayment-Award of widow's share to her next of kin- Workmen's Compensation Act, 1925, Sect. 2 (3)-Workmen's Compensation Rules, 1926, Rule 61.

THE "BAARN."

(1934) 49 Ll L Rep 245

Conflict of laws-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 (payment by "consignation") of pesos in Chilean bank by "Baarn" in accordance with order of Chilean Court-Power in "Baarn" to withdraw deposit-Motion by "Baarn" to dismiss action and discharge bail- Decision of C.A. that payment by "consignation" was not a good payment -Whether a payment on account -Impossibility to purchase foreign currencies in Chile with pesos.

VERSICHERUNGS UND TRANSPORT A/G. DAUGAVA v. HENDERSON.

(1934) 49 Ll L Rep 252

Fire insurance - Reinsurance - Rate of exchange-Loss-Liability of plaintiffs under insurance policy covering certain building in Riga-Plaintiffs' right to indemnity under reinsurance policies issued by defendants-Insurance in Latvian currency-Dispute between original assured and plaintiffs-Action brought by assured-Sum awarded by Latvian Courts expressed in lats- Liability of defendants under reinsurance policy-Whether sum awarded by Latvian Courts should be converted into sterling at the rate of exchange at the date of the fire or at the date of the settlement of the plaintiffs' liability to the assured - "To follow the settlements of the" plaintiffs.

THE "UGANDA."

(1934) 49 Ll L Rep 255

Salvage-Services rendered by steamship "Memnon" to steamship "Uganda" off the coast of Spain-"Uganda" adrift in Mediterranean after having lost propeller and tail shaft-Towage by "Memnon" 115 miles to Gibraltar -Other assistance available-Possible danger of drifting ashore-Difficulty in securing connection in prevailing weather conditions.

THE "ABBOTSFORD."

(1934) 49 Ll L Rep 259

Collision between steamships "Afterglow" and "Abbotsford" in Gallions Reach, River Thames-"Afterglow" bound up; "Abbotsford" bound down-Steamship H turning in river with head to south shore-Sudden starboard wheel action by "Abbotsford" to pass turning vessel, followed by port wheel action to recover-Effect of tide-Look-out.

PORT OF LONDON AUTHORITY v. HUMPHERY & GREY (LIGHTERAGE), LTD.

(1934) 49 Ll L Rep 265

Negligence-Damage to coping of lock wall (Greenland Lock, Surrey Commercial Docks) by barge-Barge underslayed upon water running into lock-Notice displayed at dockside: "The Authority accept no responsibility for any consequences arising from the underslaying or overslaying of craft, and any damto the Authority's property through this cause is recoverable from the owner of the craft"-Duty of lighterman.

HAROCOPOS v. MOUNTAIN.

(1934) 49 Ll L Rep 267

Marine insurance-Loss of two dumb barges carrying petroleum in bulk- Claim-Barges (each in tow of tug) on voyage from Batoum to Istanbul- Voyage policies-Loss by sea perils- Defence that there was breach of implied warranty of seaworthiness at commencement of voyage-Danube river barges - Whether usual and proper alterations were made for purpose of Black Sea voyage-Marine Insurance Act, 1906, Sect. 39.

GREEN AND OTHERS v. WOODS.

(1934) 49 Ll L Rep 273

Contract-Hire of ship-Breach of warranty of seaworthiness or condition- Hire by plaintiffs from defendant of motor cruiser to tour Norfolk Broads- Short cruise following demonstration by defendant's representative of working of vessel-Return to quay-Determination to proceed-Explosion following switching on of engine-Plaintiffs injured-Claim-Defence that vessel was seaworthy; and that explosion was due to plaintiffs' negligence in failing to turn off petrol supply until half an hour after returning from short cruise.

"GEZIENA" (OWNERS) v. TAYLOR & SON.

(1934) 49 Ll L Rep 278

Bad berth-Damage to plaintiffs' motor vessel "Geziena" in grounding on berth at defendants' wharf-Allegation by plaintiffs that berth was uneven and defective - Defendants' case that the damage was caused through the vessel working her engines in getting on and while on the berth; alternatively, that the damage was sustained previous to her arrival at their wharf - Evidence that berth was undisturbed before arrival of "Geziena."

THE "LIFLAND."

(1934) 49 Ll L Rep 285

Collision between Russian steamship "Rosa Luxemburg" and Dutch steamship "Lifland" off Beachy Head in fog- "Rosa Luxemburg" westward, "Lifland" eastward, bound-Helm action- Speeds-Misleading signals-Duty of vessel hearing a "lying stopped" signal forward of her beam-Collision Regulations, Art. 16.

THE "ROSA LUXEMBURG."

(1934) 49 Ll L Rep 292

Salvage-Services rendered by steamship "Worthing," tugs "Foremost 22," "Oostzee," "Canute" and "Vulcan" and by pilot to steamship "Rosa Luxemburg" disabled after collision in English Channel in fog-Vessel towed towards Southampton, temporarily beached owing to difficulty in controlling her and finally towed to safe beaching place-Danger of vessel sinking-Personal risk to "Foremost 22" and "Canute" in method used to tow vessel-Professional salvors- Responsibility of pilot.

STRATHLORNE STEAMSHIP CO., LTD. v. ANDREW WEIR & CO.

(1934) 49 Ll L Rep 306

Charter-party - Bill of lading - Conversion -Delivery by master without production of bills of lading-Liability of shipowners-Claim by shipowners to be indemnified by time-charterers-Time charter by S Co. to W Co.-No demise -Sub-charter to T for carriage of rice from Rangoon to Chinese ports - Arrival of vessel before bills of lading -Bills of lading pledged by shipper to Dutch Bank, who had discounted bills of exchange drawn by shipper on consignee -Delivery allowed or caused to be made by J M Co., agents appointed by W & Co. (or their agents) without production of bills of lading-No knowledge of pledge to Dutch Bank- Delivery made against letter of guarantee indorsed by native bank- Bills of exchange dishonoured-No recoupment under letter of guarantee- Action successfully brought by Dutch Bank against S Co. for conversion -Right of S Co. to indemnity by W Co. both at common law and under time charter-Position of J M Co. considered-Ambiguous instructions- Award that S Co. were entitled to be indemnified under both heads-Case stated.

THE "ARPAD."

(1934) 49 Ll L Rep 313

Bill of lading-Short delivery (wheat)- Conversion - Damages - Purchase by plaintiffs of wheat shipped in defendants' vessel-Sub-sale-Non-delivery by defendants of 47 tons-Assessment of damages by Registrar-Motion by defendants in objection to Registrar's report-Market value-Evidence that plaintiffs could not have bought similar wheat in the open market to replace the wheat short delivered- Restitutio in integrum-Effect of prepayment.

THE "FIRECREST."

(1934) 49 Ll L Rep 333

Collision between steamship "Macedonia" and lighter "P. 1" (in tow of steamship "Firecrest") in Bugsby's Reach, River Thames, in fog-"Macedonia" bound up; "Firecrest," heading approximately down river, preparing to moor lighter at buoys on north side of river-Lighter secured to starboard side of steamer-"Macedonia" navigating close to tiers on north side of river - Poor visibility - Look-out - Signals-Thames By-laws, Rule 33.

THE "NESTOS."

(1934) 49 Ll L Rep 337

Collision between Greek steamships "Nereus" and "Nestos" in Greenwich Reach, River Thames-"Nereus" turning in river after leaving Greenwich Buoys - "Nestos," deep-draughted, bound up - Thickening weather-"Nereus" turning stern to northward on flood tide-Unusual manoeuvre taken at unusual time- Warning given to "Nereus" that other craft were coming up river on that tide -Duty of "Nestos" on hearing turning signal from "Nereus"-Dispute as to visibility - Unreliability of evidence.

THE "BALTARA."

(1934) 49 Ll L Rep 346

Collision between steamships "Cresco" and "Baltara" in Lower Pool, River Thames-"Cresco" leaving Surrey Commercial Dock entrance to turn down river; "Baltara" bound down- North-east gale-Flood tide-Plaintiffs' case that "Baltara" was guilty of a bad look-out-Defendants' case that "Cresco" came out at an improper time and that she endeavoured to turn in an improper manner-Effect of wind and tide on "Cresco" - Anchor dropped in endeavour to complete her turn.

FRANGOS AND OTHERS v. SUN INSURANCE OFFICE, LTD.

(1934) 49 Ll L Rep 354

Marine insurance-Total loss of plaintiffs' vessel while on voyage from Barry to Istanbul-Incursion of sea water- Claim under time policy-Defences: that loss was not by sea perils, but that the vessel was wilfully cast away with the knowledge and consent of the owners; alternatively, that the loss was due to unseaworthiness and that that unseaworthiness was known to the owners at the inception of the voyage- Marine Insurance Act, 1906, Sect. 39 (5).

McCORMICK AND ANOTHER v. NATIONAL MOTOR & ACCIDENT INSURANCE UNION, LTD.

(1934) 49 Ll L Rep 361

Motor insurance-Third parties-Policy taken out by Dickson with defendant insurance company-Accident-Action for damages brought by third parties against Dickson-Defended by defendant insurance company - Knowledge acquired just before trial that Dickson (under the name of Dadswell) had been adjudicated bankrupt -Discovery during trial that Dadswell had previously been convicted of dangerous driving - Damages awarded third parties-Repudiation of liability by defendants a few days after trial on the ground of a false statement in the proposal form-Action brought by third parties against defendants under Third Parties (Rights against Insurers) Act, 1930-Road Traffic Act, 1930, Sect. 36 (4), (5)- Effect of issue of certificate-Finding of learned Judge in favour of third parties on ground that defendants were estopped from denying liability under the policy by reason of the fact that, in taking no immediate action upon their discovery of the facts concerning Dickson, they had approbated the policy and could not afterwards reprobate it.

THE "SALTAIRE."

(1934) 49 Ll L Rep 372

Collision between drifter "Cat's Eye" and steam trawler "Saltaire" in Fish Dock, Grimsby-"Cat's Eye" turning in dock preparatory to leaving; "Saltaire," above "Cat's Eye," also leaving-"Saltaire" under way before "Cat's Eye" left her moorings-Both vessels properly under way-Look-out -Allegation by "Saltaire" that "Cat's Eye" failed to indicate her manoeuvres by the appropriate signals and failed on seeing the "Saltaire" to alter her manoeuvre to avert the collision.

THE "GAISMA."

(1934) 49 Ll L Rep 378

Collision between motor vessel "Grit" and steamship "Gaisma" in English Channel off Folkestone, in fog - "Grit" bound down Channel; "Gaisma" bound up Channel-Visibility -Speeds-Duty of vessels under Art. 16.

MATTHEWS v. JONES AND ANOTHER. (THE "HAPPY DAYS.")

(1934) 49 Ll L Rep 383

Ship-Hire of motor boat for week's cruise on Norfolk Broads-Loss by fire- Claim by owner against hirer for damages (1) for breach of contract; (2) for negligence-Counterclaim by hirer for lost effects-Contention that vessel was unseaworthy-Grounding of vessel during cruise-Boat left by hirer in charge of local pilot-Engines started by pilot, immediately followed by fire-Whether evidence of negligence -Dispute as to terms of hire-Whether hirer bound by following terms contained in Illustrated Yachting Guide; "Any craft let without attendant makes the hirer fully responsible for any damage or defect, if any, during the period of hire"-Evidence that hirer stated that he was dissatisfied with vessel; that he consequently accepted no responsibility far what might happen to the boat; and that he was assured by the owner's agent that he (the hirer) was relieved of any liability by the terms of an insurance policy which he had taken out at owner's request.

"PASS OF BALHAMA" (OWNERS) v. PEARS.

(1934) 49 Ll L Rep 392

Negligence-Damage to plaintiffs' vessel from floating wreckage - Washing away of part of defendant's jetty in heavy weather-Contention by defendant that wreckage from jetty could not have been responsible for the alleged damage - Damage not discovered until vessel in dry dock-Strong probability of damage being sustained on the voyage in question-Suggestion by defendant that vessel struck the wreck of a sailing barge in the vicinity -Onus of proof.

PATERAS AND OTHERS v. ROYAL EXCHANGE ASSURANCE. (THE "SAPPHO.")

(1934) 49 Ll L Rep 400

Marine insurance-Loss of Greek steamship "Sappho" after striking rock near Burling Light, off the Portuguese coast -Claim by owners and mortgagees- Defence that vessel was wilfully cast away with the connivance of her owners -Contention by owners that vessel went off her course owing to wind and currents and to compass deviation- Onus of proof - Dispute as to the weather-Visibility of Burling Light- Evidence of men in charge of Light and of other vessels in vicinity - Vessel owned by father and three sons, one son acting as master-Over-insurance- Unprofitable employment.

IN RE A REFERENCE UNDER THE JUDICIAL COMMITTEE ACT, 1833, AND IN RE PIRACY JURE GENTIUM.

(1934) 49 Ll L Rep 411

International law-Piracy jure gentium- Reference to Judicial Committee of Privy Council under Judicial Committee Act, 1833, upon question "whether actual robbery is an essential element of the crime of piracy jure gentium or whether a frustrated attempt to commit a piratical robbery is not equally piracy jure gentium."

CANADIAN CO-OPERATIVE WHEAT PRODUCERS, LTD. v. PATERSON STEAMSHIPS, LTD.

(1934) 49 Ll L Rep 421

Bill of lading-Loss of grain cargo consequent upon stranding of appellants' vessel in Lake Ontario - Claim by cargo-owners against shipowners - Incorporation of Canadian Water-Carriage of Goods Act, 1910-Grain loaded in bulk without shifting boards -Whether absence of shifting boards constituted unseaworthiness-Merchant Shipping Act, 1894, Sect. 452 (1)- Evidence adduced by shipowners that for last 20 years it had been the custom to carry grain cargoes on the Great Lakes without shifting boards- Findings of lower Courts that the ship was unseaworthy in that the grain cargo was loaded in bulk and without shifting boards or other precautions to keep it from shifting, and that the owners had not exercised due diligence to make her seaworthy; that the vessel stranded owing to errors in navigation due to her improper loading, which, owing to his fear that the cargo would shift, had influenced the master in his navigation; and that therefore the cargo-owners were entitled to recover-Appeal by shipowners -Canadian Water-Carriage of Goods Act, Sects. 6, 7-"Actual fault or privity."

WORKINGTON HARBOUR AND DOCK BOARD v. TRADE INDEMNITY COMPANY, LTD.

(1934) 49 Ll L Rep 430

Contract - Guarantee - Construction of works by K & R on plaintiffs' dock premises at Workington-Terms of contract that contractor must make his own independent inquiries as to the site and the water therein, and that the plaintiffs would not be bound by any representation that their engineers or their employees or the plaintiffs' employees might make to the contractors, unless in writing by the clerk to the plaintiffs - Tender by K & R -K & R notified that tender would be accepted if they provided guarantee-Surety bond entered into by defendants guaranteeing K & R's performance of contract-Failure of K & R to complete contract-Work completed by plaintiff's-Claim under bond-Defence that bond was void on ground that there was misrepresentation by the plaintiffs as to water in the site and non-disclosure of facts leading up to the acceptance by the plaintiffs of K & R's tender-Plaintiffs' duty of disclosure-Whether contract bond one of guarantee or insurance-Distinction between contracts of guarantee and of insurance -Indebtedness of K & R to plaintiffs denoted by final certificate issued by plaintiffs' engineers - Whether certificate binding on defendants- Plea that certificate was invalid in that it took into consideration advances made by the plaintiffs to K & R to enable them to carry on the contract work.

THE "LUSO."

(1934) 49 Ll L Rep 455

Collision between barge "Florence Scholey," in tow of motor barge "Peter Piper," and Portuguese steamship "Luso" off Tripcock Point, River Thames-"Peter Piper" bound up river; "Luso" bound down- Failure of "Peter Piper" to keep to her own side of the river-Port wheel action taken by "Luso" to pass another barge immediately before rounding Point-Effect of tide on "Luso"-Signals-Thames By-laws, Rule 33.

THE "UMONA" AND THE "SIRIUS."

(1934) 49 Ll L Rep 461

Collision between plaintiffs' barges and steamship "Umona" in Bugsby's Reach, River Thames-Barges moored in barge roads on south side of river- "Umona" bound down, navigating on north side of river; steamship "Sirius" bound up-"Umona" crossing river to get upon her proper down-river course-Port wheel action taken by "Sirius" to pass vessel turning in river - Speed of "Sirius"- "Umona's" engines put astern in order to avoid collision with "Sirius," resulting in her falling off to starboard and colliding with the barges-Thames By-lows, Rule 34.

TINMOUTH'S, LTD. v. HUGHES BOLCKOW SHIPBREAKING COMPANY, LTD.

(1934) 49 Ll L Rep 467

Contract-Breach of warranty-Lump sum agreement by plaintiffs to transport defendants' vessel from Blyth to Japan for breaking up-Plaintiffs to supply crew and bunkers-Warranty by defendants "that the vessel is in seaworthy condition and in good working order"-Allegation by plaintiffs that vessel was not in good working order in the matter of her engines and that that was the cause of a prolongation of the voyage, with a consequent undue consumption of coal - Contention by defendants that the cause of the delay was that the engines were mismanaged; that the coal was of poor quality; and that the weather was unfavourable-Meaning of "in good working order."

Lloyd's Law Reports