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CREMIN v. THOMSON AND OTHERS.

(1941) 71 Ll L Rep 1

WOOLFALL & RIMMER, LTD. v. MOYLE AND ANOTHER.

(1941) 71 Ll L Rep 15

Employer's liability insurance-Construction of policy-Proposal form as basis of contract-Conditions-Policy taken out by decorators-Workmen engaged in painting roof-Collapse of scaffolding -Erection of scaffolding left to competent foreman - Negligence of foreman - Liability of employers - Claim for indemnity under policy- Question in proposal form: "Are your machinery, plant and ways properly fenced and guarded and otherwise in good order and condition? A.: Yes" - Whether relating to time when question answered or extended to future condition of machinery, etc., during currency of policy-Condition in policy: "5. The assured shall take reasonable precautions to prevent accidents, and to comply with all statutory regulations"-Obligation of employer in such circumstances-Decision of Asquith, J., in favour of assured- Appeal by underwriters.

THE "BELGIA."

(1941) 71 Ll L Rep 21

Salvage-King's ships-Swedish steamship Belgia put ashore after damage by enemy action-Vessel abandoned by owners-Vessel towed off by Admiralty tugs St. Mellons and Kentia and taken to port-Claim for salvage services- No appearance by owners-Appraisement and sale of vessel-Claim on fund -Merchant Shipping (Salvage) Act, 1940, Sect. 1.

THE "MORAR."

(1941) 71 Ll L Rep 24

Collision - Overtaking - Look-out - Speeds-Collision between motor vessel Till and steamship Morar in North Sea-Till sunk-Vessels proceeding in convoy, though convoy not then finally formed-Pleading by each vessel that the other was the overtaking vessel- Statements by Morar not borne out by her evidence-Whether such a pleading should be condemned-Evidence of Morar that she was overtaking-Case made by Morar that the Till, going ahead of the Morar on her port side on a slightly converging course, suddenly starboarded across the bows of the Morar-Evidence of Till that the Morar was seen to be overtaking in a dangerous way on the starboard beam and that she (the Till) took steps to counteract any tendency to go to starboard -Contact between port bow of Morar and starboard side of Till- Agreement between Counsel (based upon surveyors' opinions) that vessels collided at angle of four points- Whether binding upon Court-Four-point angle unexplained.

THE "CAPE ST. GEORGE."

(1941) 71 Ll L Rep 32

Collision - Convoy - Look-out - Collision between steamships Grodno and Cape St. George in same convoy-Grodno originally fine on starboard bow of Cape St. George-Signal from boat containing crew of torpedoed vessel observed by second officer of Grodno, in charge of vessel-Grodno turned under port helm action (two short blasts being sounded) to pick up boat- Navigation lights switched on-Master not immediately called-Loom of Cape St. George seen ahead-Red of Cape St. George subsequently opened close to on starboard bow of Grodno-Full astern by Grodno - Grodno first observed by Cape St. George crossing her course from starboard to port- Starboard helm action taken by Cape St. George until Grodno safely on her port bow - Green of Grodno subsequently opened on port bow of Cape St. George only a ship's length away-Navigation lights switched on -Helm and engine action taken but ineffective to avoid collision-Contact between stem of Grodno and port bow of Cape St. George-Cape St. George sunk.

THE "ST. ROSARIO."

(1941) 71 Ll L Rep 38

Collision - Crossing courses - Look-out - Lights - Collision in North Sea between steamships Maindy Hill and St. Rosario-Maindy Hill southward bound; St. Rosario on W.N.W. course -Maindy Hill on starboard bow of St. Rosario-Duty of St. Rosario- Plea by St. Rosario that red of Maindy Hill was not switched on until after they saw the shape of the Maindy Hill about one-quarter of a mile away- Port helm action by St. Rosario-Speed increased-Contact between stem of St. Rosario and port side of Maindy Hill-Maindy Hill sunk.

THE "BROCKLEY."

(1941) 71 Ll L Rep 41

Collision - Convoy - Crossing rule - Seamanship -Collision between steamships Towneley and Brockley in North Sea- Brockley on course of S. 14 E.; Towneley in starboard column of convoy on course of N.W.-Red of Brockley opened on starboard bow of Towneley-Green of Towneley switched on - Brockley unaware that Towneley was in convoy, although other vessels astern of Towneley were showing their green lights-Starboarding by Brockley - Porting by Towneley-No reduction in speeds.

MARGOLIS v. NEWSON BROS., LTD. (TRADING AS GENERAL SHIPPING & FORWARDING COMPANY).

(1941) 71 Ll L Rep 47

Contract - Breach - Purchase of torch batteries by plaintiff from R. in Antwerp-Undertaking by R. to supply certain named Dutch batteries-Defendants (shipping agents) approached by plaintiff to arrange for shipment of goods to England-Instructions passed on by defendants to their Antwerp agents - Shipment of batteries of inferior quality-Dispute as to terms of contract between plaintiff and defendants - Allegation by plaintiff that defendants undertook to ensure through their Antwerp agents that the batteries shipped were of the right make -Claim by plaintiff for return of sum paid on account to defendants - Counterclaim by defendants for further sums paid to their Antwerp agents and for reimbursement of Customs charges, etc., paid by defendants on plaintiff's behalf.

JACOBSON v. HOLLAND-COLOMBO TRADING SOCIETY, LTD.

(1941) 71 Ll L Rep 54

Agency - Contract - Termination - Commission - Contract between plaintiff (agent) and defendants (principals) by which "it was arranged that you [plaintiff] would work for us [defendants] tapioca ground roots and ampas in the British market exclusively and that on all sales made by you and your friends a commission of 114 per cent. will be granted by us"-Cancellation of contract by defendants without notice-Claim by plaintiff for commission -Construction of contract- -Whether plaintiff had an exclusive agency-Meaning of "exclusively"- Ambiguity.

N.V. GEBR. VAN UDEN'S SCHEEPVAART EN AGENTUUR MAATSCHAPPIJ v. V/O SOVFRACHT.

(1941) 71 Ll L Rep 61

Alien enemy-Enemy-occupied territory- Dutch shipowners with principal place of business at Rotterdam - Charter-party entered into between Dutch company and Russian charterers - Dispute under charter-party-Provision for arbitration in London - Appointment of arbitrators-Invasion and occupation of Netherlands by Germans - Refusal by charterers to proceed with arbitration - Summons taken out by Dutch company asking for appointment of umpire - Order of Asquith, J., upholding decision of Master Ball granting application - Appeal by charterers on grounds that Dutch company had become enemies (1) at common law; (2) under Trading with the Enemy Act, 1939-Effect of letter to Dutch company's solicitors from Custodian of Enemy Property saying that "there will be no objection so far as the Trading with the Enemy legislation is concerned to your proceeding with the arbitration"-Whether retainer of Dutch company's solicitors determined as soon as Netherlands occupied by Germans-Authority to issue summons -Trading with the Enemy Act, 1939, Sects. 1, 2-Defence (Trading with the Enemy) Regulations, 1940 (S.R. & O., No. 1092).

THE "GANGES."

(1941) 71 Ll L Rep 76

Collision-Sailing without lights-Reduction of speed - Whistle signals - Collision between steamships Clan Macfarlane and Ganges in Arabian Sea-Clan Macfarlane on course of N. 10 W.; Ganges on course of S. 30 E. -Both vessels sailing without lights in accordance with instructions-Meeting at joint speed of 24 knots-Visibility less than half a mile-Heavy weather- Contact between port bow of Ganges and port side of Clan Macfarlane- Clan Macfarlane sunk.

A BELGIAN STEAMSHIP (SALVAGE CLAIM).

(1941) 71 Ll L Rep 82

Salvage-Award-Ample fund (value of ship) - Cargo belonging to Crown - Ex gratia payments-Services rendered by tugs, pilot cutters and pilots to Belgian steamship disabled in Bristol Channel - Vessel taken in tow and beached-Salved value of vessel: £85,000 - Salved value of cargo: £118,000 - Claim against ship.

THE "NAILSEA LASS."

(1941) 71 Ll L Rep 89

Negligent navigation-Anchored vessels- Dragging collision - Motor vessel Pelayo and steamship Nailsea Lass anchored in Downs - Vessels subsequently in collision - Dispute as to which vessel dragged - Look-out - Evidence of wind and tide.

THE "LARCHBANK."

(1941) 71 Ll L Rep 93

Collision-Convoy-Fog - Signals - Collision between motor vessels British Petrol and Larchbank in Irish Sea- British Petrol in convoy-Larchbank manoeuvring to join convoy astern of British Petrol-Vessels sighted by each other on approximately parallel courses, at a distance of about one mile, with Larchbank on port side of British Petrol-Visibility subsequently reduced to about a ship's length-Course and speed of British Petrol maintained, but no fog signal sounded - Hard-a-starboarding by the Larchbank at speed- Contact between stem of British Petrol and starboard side of Larchbank - Admiralty instructions as to fog signals -Discretion of masters.

THE "TREKIEVE."

(1941) 71 Ll L Rep 98

Salvage - Vessel damaged by collision - Towage to safety-Services rendered by Dutch salvage tug Amsterdam to British steamship Trekieve off Holyhead -Trekieve seriously damaged and leaking badly-Vessel towed to harbour, tug standing by - Risk of bulkhead giving way-Vessel taken in tow again and beached-Risk to vessels from mines and submarines - Whether tug, as salvage vessel, entitled to award on high scale-Tug under charter to Ministry of War Transport at fixed rate of hire-Rescue from position of grave danger of sinking-Short and not very difficult service-Salved values: £500,000 -Awards: £6500.

THE "SUPREMITY."

(1941) 71 Ll L Rep 103

Collision-Look-out-Reduction of speed- Seamanship-Collision between steamship Oxbird and motor vessel Supremity in North Sea-Oxbird, with dimmed lights, bound N.; Supremity, sailing without lights in convoy, bound S.-Loom of Supremity seen by Oxbird at distance of approximately 800 ft., about three points on port bow, crossing from port to starboard - Starboarding by Oxbird, one short blast being sounded-Lights of Supremity switched on shortly before collision- Green of Supremity opened on port bow of Oxbird - Hard-a-starboarding by Oxbird, engines being put full astern-Contact between stem of Oxbird and starboard bow of Supremity.

TRAFALGAR INSURANCE COMPANY, LTD. v. MCGREGOR AND ANOTHER.

(1941) 71 Ll L Rep 107

Motor insurance-Practice-Interlocutories -Avoidance of policy-Policy issued by insurance company in respect of car belonging to M.-Accident resulting in injuries to third party (C.)-Action commenced by company claiming declaration that they were entitled to avoid policy on ground of misrepresentation or concealment by M.-C. added as defendant-Particulars of misrepresentation, etc., asked for by solicitors acting for C.-Order of Charles, J., upon motion by company for judgment in default of defence, that motion be adjourned until trial, defence of C. to be delivered within 10 days after delivery of particulars requested by solicitors acting for C.-Lapse of 18 months-No particulars given by company - Summons taken out by C. that action be dismissed because of non-compliance by company with order - Order of Lewis, J., reversing order of Master, that company had failed to comply with order of Charles, J., and that action should proceed upon terms that portions of statement of claim should be struck out, or alternatively that company should be precluded from giving evidence in support of certain parts of statement of claim-Appeal by company - Road Traffic Act, 1934, Sect. 10.

THE "DOMINION MONARCH."

(1941) 71 Ll L Rep 110

Collision - Lights- Seamanship-Collision between steamship Fairwater and motor vessel Dominion Monarch in English Channel - Fairwater on course of 259 deg.; Dominion Monarch on course of 74 deg.-Both vessels sailing without lights - Dominion Monarch seen by Fairwater at distance of about one mile -Fairwater seen by Dominion Monarch at distance of about half a mile-Starboarding by Fairwater - Porting by Dominion Monarch-Lights not immediately switched on by either vessel- Contact between starboard side of Dominion Monarch and port bow of Fairwater at angle leading forward on Dominion Monarch - Vessels' courses determined by Admiralty routeing instructions-Whether Dominion Monarch entitled to assume that Fairwater was proceeding in same direction - Applicability of Collision Regulations in time of war.

ROYAL EXCHANGE ASSURANCE v. HULLETT AND OTHERS.

(1941) 71 Ll L Rep 117

Insurance-Reinsurance-Financial guarantee risks-Insurances effected by various companies indemnifying banks against non-payment of advances made to film producing companies-Admittedly financial guarantee risks- Reinsurance policies issued by Royal Exchange Assurance (claimants) indemnifying companies against loss (under policies guaranteeing due repayment of advances made by banks) "by reason of the shortage, if any, between the share of the receipts received by the banks in respect of the production of [certain] films and the amount of the said advances" . . . . "Warranted free from any claim for shortage arising solely from the insolvency of any of the parties participating in the production, distribution and/or hire of the films, it being understood and agreed that underwriters hereon shall only be liable for such shortage as may arise in the event of the failure of the producers to make good such shortage" - Reinsurance policy previously issued by Lloyd's underwriters (respondents) covering liability of claimants in respect of "'Excess of Loss' policies or contracts of insurance or reinsurance underwritten by the reassured in their marine department in respect of which premium is credited to the reassured's 1936 underwriting account"-"Notwithstanding anything contained herein to the contrary this reinsurance excludes all liability in respect of 'Excess of Loss' insurances or reinsurances on . . . Financial Guarantee Risks"-Advances by banks not repaid by film producing companies - Liability of companies - Liability of claimants under reinsurance policies issued to companies-Right to indemnity from respondent-Whether risks undertaken by claimants in respect of financial guarantee risks- Agreement between Lloyd's underwriters not to financial guarantee risks-Test to be applied in deciding whether an insurance a violation of agreement: "Whether the terms thereof are such that the financial default or insolvency of any party will of itself without pre-condition cause a loss under the policy, or brings into operation a peril or contingency insured against which will cause a loss under the policy" - Provision in arbitration clause in respondents' policy that "the arbitrators and the umpire shall interpret this reinsurance as an honourable engagement and they shall make their award with a view to effecting the general purpose of this reinsurance in a reasonable manner rather than in accordance with the literal interpretation of the language" - Whether definition of financial guarantee risks binding as between claimants and respondents - Effect of intimation by Chairman of Lloyd's (as the result of approach by broker placing risk with claimants) that proposed wording of reinsurance policies would be satisfactory from the point of view of the financial guarantee risks agreement - Arbitration - Award of sole arbitrator that risks covered by the policy issued by the claimants were financial guarantee risks-Case stated-Question for Court: Whether upon the true construction of the policies the policy issued by the claimants was in respect of reinsurance on financial guarantee risks.

ROBERTS v. GLEN & CO., LTD.

(1941) 71 Ll L Rep 131

Negligence-Breach of statutory duty- Safe means of access from ship moored to jetty-Death of cement worker engaged in loading defendants' vessel at Kent Jetty, Greenhithe-Claim by widow and dependent children - Attempt by deceased man to go ashore by means of gangway-Fall into river -Gangway unsafe - Evidence that shipowners had provided builder's ladder in forepart of ship as means of going ashore-Dispute as to position of ladder at time in question-Duty of shipowners to provide safe means of access - Suggestion that vessel was improperly moored-Whether deceased man guilty of contributory negligence.

CHARENTE STEAMSHIP COMPANY, LTD. v. COMMISSIONERS OF INLAND REVENUE.

(1941) 71 Ll L Rep 137

Revenue - Income tax - Allowances - Replacement of obsolete steamships- Sale of three vessels in one trading year -"In estimating the profits or gains of any trade, manufacture, adventure, or concern in the nature of trade chargeable under this schedule there shall be allowed to be deducted as expenses incurred in any year so much of any amount expended in that year in replacing any plant or machinery which has become obsolete as is equivalent to the cost of the plant or machinery replaced after deducting from that cost the total amount of any allowances which have at any time been made in estimating profits or gains as aforesaid on account of the wear and tear of that plant and machinery, and any sum realised by the sale of that machinery or plant" - Deficiency in case of one sale; surpluses in case of sale of other two vessels-Whether, as Crown contended, regard must be had to net result of all replacements during any one year-Decision of Income Tax Commissioners in favour of Crown - Appeal by shipowners - Income Tax Act, 1918, Schedule D, Cases I and II, rr. 6, 7.

THE "LOM."

(1941) 71 Ll L Rep 142

Collision-Salvage-Norwegian steamship Lom aground on Kentish Knock Sand -Request for assistance - Services proffered by steam trawler Walsingham and accepted by Lom-Unsuccessful attempts by Walsingham to make fast to Lom - Cause of failure to make connection-Attempt by Walsingham to refloat Lom by pushing manoeuvre- Vessels subsequently in collision, stem of Lom striking starboard side of Walsingham - Walsingham sunk - Whether Lom came ahead under her own power or whether Walsingham negligently impaled herself on stem of Lom-Consolidated salvage and collision actions brought by Walsingham.

THE "JERNLAND."

(1941) 71 Ll L Rep 151

Collision - Convoy - Lights - Crossing courses - Collision between steamship Winga, in northbound convoy, and Norwegian steamship Jernland, in southbound convoy, in North Sea- Winga showing dimmed navigation lights; Jernland showing only screened stern light-Green of Winga open on port bow of Jernland-Course and speed kept by Jernland-Port helm action taken by Winga without reducing speed-Lights not switched on by Jernland-Ships instructed to show navigation lights in case of emergency.

THE "CEDARWOOD."

(1941) 71 Ll L Rep 157

Collision - Convoy - Courses - Speeds - Collision between steamships Cornwood and Cedarwood in North Sea-Vessels in different convoys, sailing without lights - Cornwood on port beam of Cedarwood-Contact between stem of Cornwood and port quarter of Cedarwood -Conflicting evidence of events leading up to collision.

VOKINS & CO., LTD., AND OTHERS v. "MAJFRID" (OWNERS) AND OTHERS.

(1941) 71 Ll L Rep 161

Negligence - Damage to barges - Barges safely moored at berth (River Thames) -Steamship bound for same berth- Arrival off berth-Barges unattended- Barges shifted under orders of pilot of steamship to another position in berth farther up river-New position unsafe for barges to lie in-Damage incurred in taking ground - Claim by bargeowners against shipowners-Allegation by shipowners of negligence against wharfowners-Wharfowners joined as second defendants - Knowledge of wharfowners that barges had been re-moored in an unsafe position-Duty of wharfowners-Whether shipowners entitled to assume that whole frontage of wharf was safe to lie in.

SEA & LAND SECURITIES, LTD. v. WM. DICKINSON & CO., LTD.

(1941) 71 Ll L Rep 166

Charter-party - Time charter - Cesser of hire-Six months' charter of claimants' steamship to respondents-Sub-charter by respondents-"In the event of loss of time from deficiency of . . . owner's stores, breakdown of machinery, or damage to hull or other accident preventing the working of the steamer . . . the hire shall cease from the commencement of such loss of time until she be again in an efficient state to resume her service"-Arrival at Blyth for purpose of loading coal for Norway -Delay in loading-Opportunity taken by owners at charterers' suggestion to fit degaussing apparatus-Fitting not compulsory - Whether ship off hire during that period-Deficiency of owner's stores-Claim by owners for full hire-Arbitration-Contention by owners that hire was payable throughout the whole contract period except in so far as it was excused by the express terms of the charter-party- Award that ship was off hire during period when she was being degaussed- Case stated.

H. P. DREWRY S.A.R.L. v. A. S. ONASSIS.

(1941) 71 Ll L Rep 179

Trading with the Enemy Act, 1939-Alien enemy-Right to sue-Licence from Crown-Dispute under charter-party- Claim by French charterers for breach of charter - Arbitration - Award in form of special case-Findings of arbitrator: (1) that charterers were alien enemies at common law; (2) that they were enemies within the meaning of the Act; (3) that letters written by the Board of Trade constituted a licence to the charterers to bring proceedings in the English Courts- Application by charterers that case should be set down for hearing by the Commercial Court-Preliminary objection by owners on ground that charterers or their solicitors would be committing an offence under the Act in taking any further steps in the arbitration-Question whether charterers were alien enemies at common law not raised-Decision of Atkinson, J., that, assuming the charterers were enemies within the definition contained in the Act, the letters amounted to an authority to sue-Appeal by owners.

THE "MOORWOOD."

(1941) 71 Ll L Rep 183

Collision-Convoy-Converging courses- Collision between steamships Westburn and Moorwood in North Sea - Westburn in port column and Moorwood in starboard column of same southbound convoy-Slight alteration of course to pass to eastward of buoy- Less alteration by port column- Contact between port bow of Moorwood and starboard side of Westburn.

THE "COLOMBIA."

(1941) 71 Ll L Rep 186

Collision-Fog-Vessels approaching on courses crossing at an angle of one point-Collision between British steamship John Perring and Norwegian steamship Colombia in Thames estuary -Visibility very limited-Starboarding by both vessels-Immediate full astern action by Colombia-Contact between stem of Colombia and port side of John Perring at angle of between 30 and 40 deg.-Whether Colombia ported.

THE "TAFELBERG."

(1941) 71 Ll L Rep 189

Salvage-Services rendered to British whaling factory steamship Tafelberg by tugs Bristolian, Corgarth, Merrimac, Standard Rose and Blazer and pilot cutters Lady Seager, Belle Usk and Barrian and by pilot on board-Vessel seriously damaged by mines in Bristol Channel-Engines disabled-Heavy list -Vessel taken in tow and beached in safe position-Small risk to salvors- High salved values.

LORENTZEN v. LYDDON & CO., LTD.

(1941) 71 Ll L Rep 197

International law - Extra - territorial jurisdiction - Norway occupied by enemy power - Decree of Royal Norwegian Government requisitioning Norwegian ships situate outside occupied Norway - Appointment of curator to collect claims belonging to persons or companies domiciled or carrying on shipping business from an office in the occupied area-Agreement by London firm (defendants) to charter Norwegian steamer-Repudiation of contract by defendants - Claim by curator on behalf of Norwegian owners for damages for breach-Title of curator to sue tried as preliminary issue-Jurisdiction of English Courts- Whether Norwegian decree operated to pass the ownership of any movable property or included any chose in action in England-Norwegian Government recognised by H.M. Government as de jure Government of entire Kingdom of Norway - No other Government recognised as de facto Government of Norway or any part thereof.

PETRINOVIC & CO., LTD. v. MISSION FRANCAISE DES TRANSPORTS MARITIMES.

(1941) 71 Ll L Rep 208

Charter-party - Demurrage - Freight - Expenses incurred by ship in protecting and preserving cargo-Master as agent of necessity-Performance of contract impossible by reason of unforeseen emergency-Frustration- Charter of Yugo-Slav steamship Milena to load cargo in United States and proceed to "One safe port between Brest and Bordeaux, both inclusive, orders to be given on signing bills of lading"-"Freight to be paid on signing bills of lading"-"The captain shall sign freight prepaid bills of lading"-Charterers allowed 17 weather working days for loading and discharging-Agreement to pay demurrage if time exceeded-"Charterers' liability to cease when the cargo is shipped and freight paid the owner or master of the steamer having an absolute lien upon the cargo for the recovery and payment of all freight, dead freight and demurrage"- Chamber of Shipping War Risks Clause No. 2 indorsed on charter-party -Shipment by M. & Co. of pitch in bulk (after withdrawal of objection by shipowners that pitch was inflammable cargo and therefore excluded)-Arrival in Bordeaux (nominated port of discharge) on May 27, 1940-Difficulty in discharge owing to melting of pitch into solid mass-Request made on June 20 by master to charterers' representatives at Bordeaux that in view of the military situation in France vessel should leave Bordeaux-Vessel cleared for Glasgow, arriving there on June 25 -Shipowners unable to get in touch with owners of cargo concerning disposal - Responsibility for cargo disclaimed by charterers-Cargo finally discharged on Sept. 26, and disposed of to city corporation as gift-Claims by shipowners against charterers for (1) demurrage at Bordeaux; (2) additional war risk insurance at Bordeaux; (3) freight (Bordeaux to Glasgow); (4) demurrage at Glasgow; and (5) expenses of disposing of and discharging cargo at Glasgow; alternatively, if charter-party frustrated, (i) Items (1), (2), (3) and (5); and (ii) loss based on estimated daily net profit while detained at Glasgow-Arbitration -Award that shipowners were entitled to recover sums in respect of demurrage at Bordeaux and Glasgow, freight from Bordeaux to Glasgow, and cost and expense of disposal and discharge of cargo at Glasgow-Case stated-Obligations of shipowners and charterers under charter-party-Effect of ship's departure in interests of ship and cargo-Whether charterers' obligation under demurrage clause continued -Unforeseen emergency making performance impossible - Shipowners' claim for expenses incurred for the protection and preservation of cargo based on implied term.

THE "MARI CHANDRIS."

(1941) 71 Ll L Rep 225

Salvage - Harbour dues - Liability of salvors-Salvage services rendered by steamship Algerian (plaintiffs) to steamship Mari Chandris - Vessel handed over by Algerian to salvage tug and brought to Falmouth-Arrest of salved vessel by Admiralty Marshal at instance of plaintiffs to satisfy salvage claim-Vessel shifted to St. Mawes Harbour and beached under Admiralty orders-Orders of Court that vessel be dismantled and sold as scrap and that proceeds be paid into Court-Motion by St. Mawes Harbour authorities for an order that dues owing to them should be paid by the plaintiffs-Vessel abandoned by owners to underwriters, salvage award to plaintiffs being paid by underwriters-Liability of plaintiffs as "person having the control of any vessel"-St. Mawes Pier and Harbour Act, 1854, Sect. 19.

THF "COMEDIAN."

(1941) 71 Ll L Rep 231

Collision-Signals-Helm action-Lights- Speeds-Collision between steamships Koranton and Comedian off Halifax (N.S.)-Vessels originally on opposite courses-Fifteen deg. starboarding by Koranton to get on southerly course- Porting by Comedian - Green of Comedian opened on port bow of Koranton - Hard-a-starboarding by Koranton and further porting by Comedian - Contact between stem of Koranton and starboard side of Comedian - Dispute as to signals sounded - Whether Koranton was exhibiting proper navigation lights- Collision Regulations, Arts. 2, 25.

THE "TARANGER" AND THE "EDAM."

(1941) 71 Ll L Rep 238

Collision-Dragging collision-Look-out- Motor vessels Korshamn and Taranger and steamship Edam at anchor in River Mersey, heading to ebb tide - Edam off starboard quarter of Taranger, Korshamn astern of both vessels-Collision between Edam and Taranger, Taranger subsequently colliding with Korshamn - Action brought by Korshamn against Edam and Taranger-Dispute as to distances between vessels-Possibility of contact by sheering-Responsibility for first collision - Whether second collision inevitable result of first collision.

ZURICH GENERAL ACCIDENT & LIABILITY INSURANCE CO., LTD. v. MORRISON AND OTHERS.

(1941) 71 Ll L Rep 243

Motor insurance - Non-disclosure - Misrepresentation-Avoidance of policy- Notice to third party-Policy taken out by M. with plaintiff company-Accident while being driven by L. with consent of M.-R. killed-Judgment recovered by R.'s widow (third party) against L. -Right to indemnity under policy- Action brought by plaintiffs against M., L. and third party for declaration that they were entitled to avoid policy on ground of misrepresentation and non-disclosure-Notice served on third party containing particulars of misrepresentation and non-disclosure - Right of plaintiffs to rely upon further particulars of non-disclosure contained in amendment to statement of claim made more than seven days after commencement of action-Evidence of previous experience of M. as driver- M. never fully licensed, holding provisional licences only, and carrying £5 excess in previous (with another company) and present policies-Facts to be proved by insurers in action for rescission-Effect of clause providing that "Nothing in this policy or in any endorsement hereon shall affect the right of any person indemnified by this policy or of any other person to recover an amount under or by virtue of the provisions of the Road Traffic Act, 1930, Sect. 38; Road Traffic Act, 1934, Sect. 10 and Sect. 12. . . ."-Whether retention of £5 excess collected by plaintiffs from M. amounted to an irrevocable election by plaintiffs recognising continued existence of policy- Road Traffic Act, 1930, Sect. 36-Road Traffic Act, 1934, Sects. 10, 12.

STONE v. LICENSES & GENERAL INSURANCE COMPANY, LTD.

(1941) 71 Ll L Rep 256

Motor insurance-Arbitration-Motion by insurance company that award should be remitted to arbitrator for further consideration - Insurance of lorry - Warranty by assured that the lorry "whilst being used for hire or reward is used exclusively for the purpose of . . . . H.L. Cabinet Works"-Destruction by fire after accident on road- Lorry being used by driver not only for purpose of H.L. Cabinet Works but also for carriage of rubber shoes (for his own profit and without the knowledge of assured)-Debris of lorry sold upon instructions of insurance company-Company fully informed of facts - Repudiation of liability by company, proceeds of sale being sent by company (by own cheque) to assured -Award that there had been a breach of warranty of user by the assured, but that that breach had been waived by the insurance company; and that therefore the assured was entitled to recover under their policy-Case stated- Contentions by insurance company: (1) that there was no evidence justifying the award; (2) that arbitrator had not made sufficient findings of fact to enable the Court to come to a proper conclusion.

Lloyd's Law Reports