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TRAWLERS GRIMSBY, LTD. v. CROUCHEN.

(1943) 75 Ll L Rep 1

Workmen's compensation-Review-Fluctuation in wages-Rates of remuneration- Average weekly earnings-Accident to trawler hand-Maximum compensation paid based on pre-accident earnings consisting of (1) basic wage; (2) food; (3) poundage-Payment stopped after few months-Further application by workman -Award of £1 per week-Subsequent application by shipowners for review, counter-application being made by workman under Sect. 11 (3) of the Workmen's Compensation Act, 1925 - Award of maximum amount by learned County Court Judge based on pre-review earnings consisting of (1) basic wage; (2) food; (3) risk money; (4) poundage-Substantial increase in earnings under poundage, due to wartime increase in profits on sale of fish-No increase in poundage rate.

BERRY v. JOHN DEHEER, LTD.

(1943) 75 Ll L Rep 5

Workmen's compensation-Seaman-Accident arising out of and in the course of employment - Return to ship moored against quay-Black-out-No gangway- Direct access by stepping from quay to ship - Evidence that seaman turned towards bows for unknown purpose, possibly to inspect moorings-Fall into water, seaman being drowned-Claim by widow-Finding by learned County Court Judge that accident arose out of and in the course of employment - Appeal by shipowners-Whether evidence sufficient to justify finding - Tests to be applied.

THE "PAMIA."

(1943) 75 Ll L Rep 9

Enemy alien - Right to sue - Domicile - Enemy-occupied territory-Collision action brought by owners of Belgian motor vessel Lubrafol, domiciled in Antwerp, against owners of Italian steamship Pamia - Admission of liability by defendants- Belgium occupied by Germans-Order in Council previously made by Belgian Government enabling Belgian commercial companies to transfer head offices to places abroad-Evidence of steps taken by plaintiffs to transfer head office to Pittsburg (U.S.A.)-Whether effective to change domicile-Motion by defendants for an order that further proceedings in action be stayed.

THE "VIMEIRA."

(1943) 75 Ll L Rep 13

Collision - Convoy - Vessel regaining lost position - Collision between steamships Ewell and Vimeira in North Sea-Vimeira second, and Ewell sixth, in same column of convoy-Starboarding by Vimeira at speed in endeavour to regain position- Helm of Ewell put hard-a-starboard and engines full ahead immediately Vimeira sighted-Contact between stem of Vimeira and port side of Ewell at about right angle-Look-out-Lights.

THE "CITY OF LONDON" AND THE "ORBITA."

(1943) 75 Ll L Rep 17

Collision - Convoy - Vessel regaining lost position-Collision in fog between plaintiffs' steamship Menelaus and first defendants' steamship City of London in Atlantic-Owners of steamship Orbita joined as second defendants-Vessels in same convoy, with Orbita and City of London heading second and third columns from port to starboard-Menelaus second ship in fourth column-Plea by City of London that she starboarded to avoid Orbita ahead of her and that collision with Menelaus was due to inevitable accident -Menelaus admittedly not to blame-No negligence imputed by City of London against Orbita - Whether Menelaus justified in joining Orbita as second defendants-Costs.

THE "TREFUSIS."

(1943) 75 Ll L Rep 22

Collision-Meeting on almost opposite courses -Lights-Helm action-Collision between steamships The Duchess and Trefusis in Little Minch - Vessels meeting at very fine angle, with The Duchess on port bow of Trefusis and Trefusis on starboard bow of The Duchess - The Duchess sighted by Trefusis at distance of about 600 to 700 yards -Duty to switch on lights-Starboarding by Trefusis; porting by The Duchess- Contact between stem of Trefusis and starboard side of The Duchess - The Duchess sunk with loss of all hands (except steward).

THE "RONDO."

(1943) 75 Ll L Rep 26

Collision-Convoy-Vessel out of position- Collision between steamships Elizabete and Rondo in North Sea-Vessels in same column of convoy, Rondo being allotted fourth and Elizabete ninth position - Vessels sighted by each other on converging courses, with Rondo on starboard beam of Elizabete-Contact between port bow of Rondo and starboard side of Elizabete -Evidence as to courses kept by each vessel.

ELLERMAN LINES, LTD. v. F. REED & CO.

(1943) 75 Ll L Rep 29

Negligence-Stevedores-Damage to ship- Loading of lorries on board plaintiffs' steamship-Hoisting by ship's derricks and winches-Collapse of mainmast supporting derrick-Fall of lorry on to deck -Absence of preventer stay on mainmast -Evidence that derricks had satisfied statutory safety tests-Claim by shipowners against stevedores - Alleged negligence in loading-Res ipsa loquitur.

SHIRLEY v. FISHER, RENWICK, LTD.

(1943) 75 Ll L Rep 33

Workmen's compensation-Risk money-Rate of remuneration - Review - Pre-war injury to ship's engineer-Compensation - Weekly payments by agreement - Stopped during subsequent employment -Inability to continue in employment- Application to County Court-Award- Later application for review under Sect. 11 (3) of Workmen's Compensation Act, 1925, on ground that rates of remuneration for marine engineers had been raised during the war by the addition of risk money-Increase refused by County Court Judge on ground that class of employment had altered-Appeal by engineer - Meaning of "class of employment"-Whether first application to County Court was review within meaning of Sect. 11 (1) or (3).

BAGGS v. LONDON GRAVING DOCK COMPANY, LTD.

(1943) 75 Ll L Rep 35

Workmen's compensation - Weekly payments - Calculation - Army pay - Accident to workman - Full compensation paid - Stopped upon production of medical certificate-Application for compensation subsequently filed on ground of total incapacity-Workman called up by army authorities - Award by County Court Judge of full compensation until calling up-Application by workman for review- Evidence that army pay was less by reason of his incapacity-Further award by County Court Judge - Whether soldier's pay to be taken into account in considering the amount he is "able to earn" after the accident within the meaning of Sect. 9 (3) of the Workmen's Compensation Act, 1925-"Able to earn" -Meaning.

THATCHER v. LEVER BROS. (PORT SUNLIGHT), LTD.

(1943) 75 Ll L Rep 40

Employers' Liability Act, 1880-Negligence of employer-Defective plant-Death of dock labourer engaged in unloading bales of rubber from ship into railway wagons alongside-Claim by widow-Use of rope sling-Fall of bales from sling-Evidence that workmen had previously complained that method employed was dangerous- Contention that nets would have been safer-Findings of County Court Judge that though the method employed was fraught with danger and was the obvious cause of the accident, it was not unsuitable or improper, and that therefore the claim failed-Appeal by widow-Whether learned Judge paid due regard to all the evidence.

THE "PIZARRO."

(1943) 75 Ll L Rep 43

Collision-Convoy-Opposite courses-Lights -Look-out - Collision between motor vessels Accruity and Pizarro in North Sea-Vessels on almost opposite courses, with Accruity on starboard bow of Pizzaro and Pizzaro about ahead of Accruity- Accruity following ship ahead-Hard-a-starboarding by Pizarro-Contact between port bow of Pizzaro and port bow of Accruity at fine angle.

THE "FORTHBANK."

(1943) 75 Ll L Rep 47

Collision - River - Vessel leaving dock - Collision in River Mersey between motor vessel Dolabella and steamship Forthbank -Forthbank turning to starboard after leaving dock (having sounded a warning blast) to proceed down river; Dolabella bound down-Engines stopped to enable motor vessel Cymbula (which had stopped on becoming aware of the Forthbank) to move ahead out of her path-Porting by Dolabella after passing steamship City of Barcelona anchored up river of Forthbank -Dolabella sighted by Forthbank-Starboard helm signal sounded by Forthbank indicating that she was swinging to starboard -Dolabella observed to be swinging to port-Engines of Forthbank immediately put full astern-Dolabella then seen to be swinging to starboard-Attempt by Forthbank to avoid collision by putting engines full ahead-Contact between port bow of Dolabella and port side of Forthbank at fine angle leading aft on Forthbank - Whether Dolabella sounded starboard helm signal.

THE "POZNAN."

(1943) 75 Ll L Rep 53

Collision -Convoy - Narrow channel between buoys - Look-out - Lights - Collision between steamships Brabo and Poznan in North Sea-Brabo southward bound; Poznan commodore ship of north-bound convoy-No lights being shown by Brabo; Poznan showing dimmed lights-Dispute as to bearings of each vessel on sighting- Port helm action taken by Brabo; starboard helm action taken by Poznan- -Contact between stem of Poznan and starboard side of Brabo at broad angle.

HALCYON STEAMSHIP COMPANY, LTD. v. CONTINENTAL GRAIN COMPANY.

(1943) 75 Ll L Rep 57

Charter-party-Rate of hire-Insurance cover -"Neutral trading"-"Trading belligerents" -Duty of master to sign bills of lading-Right of charterers to discontinue loading upon master's refusal to sign- Discretion of master under war clauses- Damages - Time charter of vessel- Charterers to pay hire at rate of 3 dols. 40 cents if neutral trading; 3 dols. 70 cents if trading belligerent Mediterranean; 4 dols. if trading belligerents other than Mediterranean-Master to sign bills of lading for cargo as presented, in conformity with mate's or tally clerk's receipts - Charterers to insure vessel against war risk on valuation of £65,000 "if trades neutral or belligerent Mediterranean"; £80,000 "if trades to other belligerent areas" - Incorporation of Chamber of Shipping War Clauses Amended, 1937-Vessel, having discharged cargo at Havre, ordered by charterers to proceed in ballast to Boston (Mass.) (then neutral) via Port Talbot for bunkers- Loading of cargo commenced at Boston- Refusal by master to sign bills of loading until all cargo shipped-Arbitration- Consultative case stated under Sect. 9 (1) (a) of Arbitration Act, 1934-Questions for Court:- (a) Whether on the true construction of the charter-party and the facts found the rate of four dollars per ton was payable from Apr. 5 (date of leaving Havre) to Apr. 16 (date of leaving Port Talbot after bunkering), or part of such period. (b) Whether the charterers were bound to hand over cover notes for insurance on a valuation of £80,000 before the vessel left Havre. (c) Whether the charterers were entitled to present and require the master to sign bills of lading for each parcel of cargo as and when shipped. (d) Whether the refusal of the master so to sign entitled the charterers to discontinue loading until bills of lading for cargo already loaded were signed. (e) Whether the steamer was off hire under the charter-party while lying idle during the discontinuance of loading. (f) Whether, in assessing the damages (if any) to which the charterers were entitled in respect of the delay in signing bills of lading, sums representing loss of use of the ship or of the ship's services, or expenses incurred under the charter-party by the charterers during the period of the delay, should be included or taken into account.

LARRINAGA STEAMSHIP COMPANY, LTD. v. THE CROWN. [THE "RAMON DE LARRINAGA."]

(1943) 75 Ll L Rep 64

Charter-party-T.99 A-Warlike operations- "Complying with" charterers' orders- Stranding - Requisition of petitioners' steamship-Owners to be indemnified by charterers in respect of loss arising from the consequence of warlike operations also loss arising from owners' compliance with charterers' orders as regards "employment or other arrangements" - Ship employed on carriage of war stores- Notification given by Crown that upon completion of voyage to St. Nazaire, she would be released from Government service -Discharge completed at St. Nazaire- Orders given by dock officer (charterers' agent) that ship should leave dock immediately-Evidence given by ship's officer that he expressed his opinion to the dock officer that it would be unsafe to leave port in the prevailing weather, and that he complied with such orders contrary to his better judgment-Rough weather experienced on leaving port-Ship anchored on advice of pilot-Endeavour to return to St. Nazaire-Stranding- Petition of right brought by owners claiming damages on basis that stranding occurred (1) as a consequence of the warlike operation on which the ship was engaged; (2) as a consequence of compliance with the charterers' orders "as regards employment or other arrangements" -Dominant cause of stranding.

THE "BESTUM" AND THE "MAURICE ROSE."

(1943) 75 Ll L Rep 71

Collision-Convoy-Following vessels-Collision between steamships Odysseus and Bestum in Firth of Clyde-Action brought by Odysseus against Bestum-Allegation by Bestum that collision was solely due to negligence of steamship Maurice Rose- Maurice Rose joined as second defendants -No negligence alleged against Odysseus -Bestum originally astern of Maurice Rose; Maurice Rose astern of Odysseus- Vessels out of position, Bestum having drawn up on starboard side of Maurice Rose, and between Maurice Rose and Odysseus-Glancing blow between Bestum and Maurice Rose, followed by serious collision between stem of Bestum and port side of Odysseus-Duty of vessels in line -Look-out-Bestum and Maurice Rose found equally to blame by Langton, J.- Appeal and cross-appeal.

KNIGHT v. HOSKEN.

(1943) 75 Ll L Rep 74

Insurance-Estate Agents Indemnity Policy- Defence of action brought against assured -Costs-Contribution by assured-Policy taken out by plaintiff with defendant underwriters indemnifying him in respect of claims (up to £2000) arising by reason of any neglect, omission or error by him in his professional capacity as surveyor and valuer-Clause in policy providing that in the event of the underwriters requiring any claim to be contested by the assured, they would pay all costs, charges and expenses in connection therewith- Valuation of property for mortgage purposes-Action brought by mortgagees against assured claiming £3700 damages in respect of erroneous valuation of property-Notice of claim given to underwriters -Defence undertaken by underwriters -Suggestion subsequently made to assured by underwriters that he should "contribute on the basis of 1700/3700ths of all costs which may be incurred in the defence of the action"-Assured's reply that he would be prepared to contribute towards the costs which might be incurred in the defence of the action, in the event of award of damages exceeding £2000 - Award of damages by Court of Appeal (reversing learned Judge), damages to be assessed by Official Referee - Defence undertaken by underwriters up to Court of Appeal-No attendance before Official Referee - Judgment entered against assured for over £5000-Action brought by assured against underwriters to recover £2000 due under policy; also taxed costs of mortgagees and own costs-Right of underwriters to set off proportion of costs -Enforceability of assured's agreement to contribute-Consideration - Forbearance to discontinue conduct of action-Implied term.

HALCYON STEAMSHIP COMPANY, LTD. v. CONTINENTAL GRAIN COMPANY.

(1943) 75 Ll L Rep 80

Charter-party-Rate of hire-Insurance cover -"Neutral trading"-"Trading belligerents" -Duty of master to sign bills of lading-Right of charterers to discontinue loading upon master's refusal to sign- Discretion of master under war clauses- Damages - Time charter of vessel - Charterers to pay hire at rate of 3 dols. 40 cents if neutral trading; 3 dols. 70 cents if trading belligerent Mediterranean; 4 dols. if trading belligerents other than Mediterranean-Master to sign bills of lading for cargo as presented, in conformity with mate's or tally clerk's receipts-"If steamer trades to belligerent port . . . belligerent rate . . . is to count from the time vessel is ready to receive cargo until she sails from discharging port"-Charterers to insure vessel against war risk on valuation of £65,000 "if trades neutral or belligerent Mediterranean"; £80,000 "if trades to other belligerent areas"-Incorporation of Chamber of Shipping War Clauses Amended, 1937-Vessel, having discharged cargo at Havre, ordered by charterers to proceed in ballast to Boston (Mass.) (then neutral) via Port Talbot for bunkers- Loading of cargo commenced at Boston- Refusal by master to sign bills of lading until all cargo shipped-Arbitration- Consultative case stated under Sect. 9 (1) (a) of Arbitration Act, 1934-Questions for Court:- (a) Whether on the true construction of the charter-party and the facts found the rate of four dollars per ton was payable from, Apr. 5 (date of leaving Havre) to Apr. 16 (date of leaving Port Talbot after bunkering), or part of such period. (b) Whether the charterers were bound to hand over cover notes for insurance on a valuation of £80,000 before the vessel left Havre. (c) Whether the charterers were entitled to present and require the master to sign bills of lading for each parcel of cargo as and when shipped. (d) Whether the refusal of the master so to sign entitled the charterers to discontinue loading until bills of lading for cargo already loaded were signed. (e) Whether the steamer was off hire under the charter-party while lying idle during the discontinuance of loading. (f) Whether, in assessing the damages (if any) to which the charterers were entitled in respect of the delay in signing bills of lading, sums representing loss of use of the ship or of the ship's services, or expenses incurred under the charter-party by the charterers during the period of the delay, should be included or taken into account.

THE "RAMSDEN."

(1943) 75 Ll L Rep 86

Collision-Tug and tow-Towage conditions- Defendants' tug Ramsden engaged to tow plaintiffs' steamship Elmdale into Barrow Dock-Collision between tug and tow off Barrow Dock owing to negligence of tug- Terms of towage contract that defendants would not be responsible for the negligence of the tug, nor for damage to the vessel towed-"These conditions of towage shall apply to any damages . . . from whatsoever cause arising that may occur to the vessel or vessels requiring the tug . . . while the tug . . . is in attendance upon, or engaged in any manoeuvre for the purpose of making fast to . . . the vessel or vessels requiring the tug" - Consideration of statement of facts leading up to the collision.

THE "DALEWOOD."

(1943) 75 Ll L Rep 88

Salvage-Tug maintained for salvage services -Defendants' steamship Dalewood badly damaged by torpedo attack in North Sea -Taken in tow by tug Sabine-Other vessels in attendance - Plaintiffs' tug Scotsman requested by authorities to proceed to assistance of Dalewood-Dalewood towed 43 miles to Immingham- Danger of bulkhead giving way - Necessity for speed in towing Dalewood to place of safety-Scotsman in permanent readiness, with steam up, to assist vessels in distress - Salved values: £7200 - Award: £1500.

THE "EASTWOOD."

(1943) 75 Ll L Rep 91

Salvage-Tug maintained for salvage services -Defendants' steamship Eastwood, damaged and unable to use her engines, stranded on sands off entrance to Wash- Stranding of vessel while in tow of tug Arcadia-Arcadia unable to render further assistance owing to tow rope being foul of propeller-Unsuccessful attempts by other vessels to tow vessel off-Eastwood towed off by plaintiffs' tug Scotsman and taken to Immingham-Danger of breaking up- Scotsman in permanent readiness, with steam up, to assist vessels in distress- Salved values: £5000-Award: £2000.

THE "HOPEMOUNT."

(1943) 75 Ll L Rep 94

Collision-Convoy-Vessel out of position- Collision in fog between steamship Trekieve and motor vessel Hopemount in St. George's Channel - Hopemount originally astern of Trekieve - Hopemount's case that she dropped astern and lost touch with Trekieve in fog; that she caught up with the Trekieve when the weather cleared; that she again lost sight of the Trekieve when fog again descended; that she subsequently sighted a vessel ahead in the next starboard column and angling towards her; that she then ported; and that her stem collided with the starboard side of the Trekieve-Whether Trekieve kept her position - Lights - Inevitable accident.

THE "LADY OLGA."

(1943) 75 Ll L Rep 99

Collision - Seamanship - Look-out - Lights -Crossing courses-Keeping course and speed-Collision between steamships Quaysider and Lady Olga in North Sea- Quaysider leaving Tyne to join convoy; Lady Olga turning under port wheel for Sunderland-Red of Lady Olga opened on starboard bow of Quaysider-Starboarding by Quaysider-Both side lights of Lady Olga subsequently seen by Quaysider; later, only her green side light-Engines of Quaysider then put full astern-Contact between stem of Quaysider and starboard side of Lady Olga at angle of seven points leading forward on Lady Olga-Locus of collision-Whether Quaysider should have appreciated that the Lady Olga was possibly altering course for Sunderland- Dispute as to whether Quaysider was showing her navigation lights.

LEWIS v. PORT OF LONDON AUTHORITY.

(1943) 75 Ll L Rep 104

Master and servant-Common employment- Contributory negligence-Death of maintenance engineer-Claim by widow under Fatal Accidents Act, 1880 - Deceased employed by H. & W.-H. & W. under running contract to supply workmen to do repair work for P.L.A. (defendants)- Work to be done under complete supervision of P.L.A. officers, as and when requested by P.L.A. - Deceased man engaged in repair of bridge at P.L.A. dock - Negligence of P.L.A. employee - Liability of P.L.A.-Defences: (1) contributory negligence; (2) common employment on the ground that the deceased man was the particular servant of the P.L.A. (as distinct from being the general servant of H. & W.) and met his death owing to the negligence of a fellow workman.

M'GARVEY v. CALEDONIA STEVEDORING COMPANY.

(1943) 75 Ll L Rep 109

Workmen's compensation-Accident arising in course of employment - Termination of employment prior to accident - Dock labourer engaged in loading ship in dock- Interval for supper-Failure to return to work-Engagement of substitute workman (as was customary)-Subsequent discovery that dock labourer had fallen into dock on his way back and was drowned-Claim by dependants-Findings of arbitrator that workman was due to report back at midnight; that a substitute workman was engaged at 12 10 a.m.; and that the accident occurred at 12 20 a.m.

SPEED v. THOMAS SWIFT & CO., LTD.

(1943) 75 Ll L Rep 113

Negligence-System of working-Loading of ship-Common employment-Accident to plaintiff dock labourer employed by defendant stevedores engaged in loading cargo from barge into steamship-Plaintiff working in barge-Hoisting of cargo by ship's derricks-Use of married gear- Hook caught in part of ship's rail, lifting it from its sockets and disturbing dunnage piled on deck nearby-Plaintiff injured by fall of rail and dunnage into barge- Evidence that part of ship's rail in question was unattached to nest section of rail-Whether defendants had provided safe system of working-Casual negligence of fellow employee-Particular circumstances of case.

JOHNSON v. CHARLES HILL & SONS, LTD.

(1943) 75 Ll L Rep 121

Stevedores - Discharge of ship-System of working-Stevedore killed by fall of timber from sling of crane-Discharging operation under supervision of superintendent appointed by defendants - Finding by learned County Court Judge that accident was due to negligent system of working followed by superintendent-Award of damages under Employers' Liability Act, 1880 - Appeal by defendants - Whether Judge's conclusions justified upon evidence.

THE "TRENTBANK."

(1943) 75 Ll L Rep 122

Collision-Convoy - Fog - Courses - Wireless signals - Collision between steamships Reynolds and Trentbank in Atlantic- Vessels in same convoy, with Trentbank in column to starboard of Reynolds- Instructions given at 3 p.m. by commodore ship for course to be altered 70 deg. to starboard at 11 15 p.m.-Wireless message subsequently sent by commodore ship postponing alteration of course until daylight-Signal not heard by Reynolds- Alteration to starboard at 11 15 p.m.- Collision between bow of Trentbank and starboard side of Reynolds - Whether Reynolds keeping proper wireless watch- Alteration of course made by Reynolds without hearing expected executive signal or fog signals of other ships in convoy- Fog signals of Reynolds not heard by Trentbank-Evidence as to range of wireless signals.

THE "RUDBY."

(1943) 75 Ll L Rep 126

Collision-Convoy - Fog - Collision between steamships Yorkwood and Rudby in convoy off Duncansby Head - Rudby leading column; Yorkwood fourth in column-Orders given to make 180 deg. turn to starboard each vessel to turn at point where vessel next ahead had turned -Turn completed by Rudby-Yorkwood and Rudby subsequently sighted by each other, with Rudby about a point on port bow of Yorkwood and with Yorkwood on starboard bow of Rudby-Contact between starboard bow of Yorkwood and starboard bow of Rudby-Claim and counterclaim- Onus of proof.

ROBINSON v. ROBSON.

(1943) 75 Ll L Rep 131

Seaman-Offence under Defence (General) Regulations-Entry in log-book-Admissibility in evidence-Information preferred against seaman charging him with drunkenness and absence without leave- Particulars of offence entered in ship's official log-book-Seaman not furnished with copy of entry-Entry not read over to him-Case dismissed by Magistrates on ground that provisions of Sect. 228 of the Merchant Shipping Act, 1894, had not been complied with, and therefore the entry was not admissible in evidence - Merchant Shipping Act, 1894, Sects. 228, 239, 695- Defence (General) Regulations, 1939, No. 47 A.

LEWIS v. MOGAN.

(1943) 75 Ll L Rep 135

Seaman-Offence under Defence (General) Regulations - Absence without leave - Deduction of pay by master in accordance with terms of agreement with seaman- Information preferred before Magistrates against seaman charging him with being absent without leave-Plea of "autrefois convict" accepted by Magistrates-Case stated-Merchant Shipping Act, 1894, Sects. 114, 228-Merchant Shipping Act, 1906, Sect. 44 (5) - Defence (General) Regulations, 1939, No. 47 A.

HUGH MACK & CO., LTD. v. BURNS & LAIRD LINES, LTD.

(1943) 75 Ll L Rep 137

Carriage of Goods by Sea Act, 1924-Coastwise shipping-Loss of goods in transit-Claim by cargo-owners against shipowners - Reliance by shipowners on conditions of carriage embodied in "non-negotiable" receipt-Whether receipt a bill of lading or similar document of title-Conditions purporting to exempt shipowners from all liability - Applicability of statute - "Special Conditions"-Whether conditions "contrary to public policy" - Sect. 4, Schedule, Art. VI.

THE "JERNLAND."

(1943) 75 Ll L Rep 141

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 opened 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- Contact between stem of Jernland and starboard side of Winga at about right angle - Winga sunk-Appeal by Winga against order of C.A. (MacKinnon and Goddard, L.JJ., Scott, L.J., dissenting) varying order of Bucknill, J. (who found both vessels to blame and apportioned that blame as to two-thirds to the Winga and one-third to the Jernland) and finding the Winga alone to blame- Liability of Winga not disputed-Jernland admittedly negligent in failing to switch on her lights-Whether that negligence contributed to the collision-Onus of proof -Duty to show navigation lights-Meaning of "navigation lights"-Navigation and Anchor Lights Order, 1939.

THE "JEAN JADOT."

(1943) 75 Ll L Rep 153

Collision - Convoy - Overtaking - Collision between steamships Alex and Jean Jadot -Ships in different convoys on converging course-Jean Jadot overtaking Alex on her starboard side-Evidence of helm action taken by each vessel-Whistle of Alex not sounded-Contact between starboard bow of Alex and port side aft of Jean Jadot - Collision Regulations, Art. 28.

THE "ROZENBURG."

(1943) 75 Ll L Rep 158

Collision-Opposite courses-Helm action- Collision between motor vessel Murena and steamship Rozenburg in Atlantic-Ships sailing without lights on practically opposite courses-Rozenburg sighted by Murena on her port bow; Murena sighted by Rozenburg on her starboard bow-No action taken by either vessel until about three-quarters of a mile from the other- Starboarding by Murena without signalling- Porting by Rozenburg-Evidence as to switching on of navigation lights- Contact between stem of Murena and starboard side of Rozenburg.

THE "ATLANTICOS."

(1943) 75 Ll L Rep 160

Collision-Crossing courses-Look-out-Duty to sound helm signals-Collision between steam trawler Parthian and steamship Atlanticos off west coast of Scotland- Parthian, with starboard trawl out, bound E.N.E. mag. (52 deg. true); Atlanticos bound 197 deg. true-Parthian sighted by Atlanticos off her starboard bow-Dispute as to lights exhibited by Parthian-Duty of Atlanticos to give way-Starboarding by Parthian just before collision (without signalling) - Evidence that Parthian's whistle was defective-Whether Parthian should have exhibited flares.

LUBOVSKY v. SNELLING.

(1943) 75 Ll L Rep 165

Practice - Motor insurance - Limitation of action-L. killed in motor accident- Admitted negligence of defendant (driver of car)-Third-party insurance placed with C. Ltd.-Action brought by plaintiff (as administratrix of deceased's estate) under Fatal Accidents Act, 1846-Writ served on defendant-Plaintiff's solicitors informed by letter from defendant's solicitors that "the defendant will not contest the issue of negligence and that the only issue is one of quantum"-Admission of liability by insurers' agent-Action discontinued as plaintiff had not at date of writ taken out letters of administration, and there was some doubt whether proper notice had been given under Sect. 10 of Road Traffic Act, 1934 - Position regularised and further writ issued-Defence raised that action was out of time-Estoppel-Fatal Accidents Act, 1846, Sects. 2, 3.

BYATT v. SCRUTTON, LTD.

(1943) 75 Ll L Rep 170

Negligence-Personal injuries sustained by plaintiff owing to negligence of defendants' servant-Liability of defendants admitted-Permanent disability of plaintiff precluding him from continuing work as boilermaker-Assessment of damages.

IN RE BANCA COMMERCIALE ITALIANA. KETTLE v. THOMAS COOK & SON, LTD., AND OTHERS.

(1943) 75 Ll L Rep 171

Emergency legislation-Trading with the enemy-Enemy bunk with branches in London-Winding-up under Board of Trade Order-Appointment of controller to conduct winding-up-Powers exercisable by controller-Controller responsible to Board of Trade-Function of Court- Summons taken out by controller to determine questions arising in winding-up -Claims by various English creditors -Right to participate in dividends- Effect of regulation and of winding-up order - Costs of proceedings-Trading with the Enemy Act, 1939, Sect. 3 A- [1940] S.R. & O., No. 1289.

COLLINS v. A. E. SMITH & SON, LTD.

(1943) 75 Ll L Rep 184

Negligence-Docks Regulations, 1934-Breach of statutory duty-Means of access- Clear passage leading to means of access- Personal injuries sustained by ship's painter - Arm crushed between railway wagons while making his way across dockside - Wagons set in motion by capstan worked by stevedores loading ship - Claim against stevedores - Whether plaintiff received adequate warning - Contributory negligence - Regulations; 9, 35.

THE "BEN HANN."

(1943) 75 Ll L Rep 187

Collision - Convoy - Fog - Sounding of fog signals-Duty of vessel in convoy to comply with sailing instructions-Collision between steamship Coronda (in convoy) and motor vessel Ben Hann in Firth of Clyde-Vessels sailing without lights-Instructions regarding courses of vessels navigating Firth of Clyde-Ben Hann in a forbidden part of the channel and proceeding at eight knots-Coronda proceeding at seven and a half knots, no fog signals being sounded, in accordance with convoy orders-Vessels, on crossing courses, sighted by each other when about one and a half cables apart-Contact between stem of Ben Hann and starboard bow of Coronda.

Lloyd's Law Reports