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COLLETT v. NATIONAL FUR COMPANY, LTD.

(1944) 78 Ll.L.Rep. 1

Negligence-Bailee-Loss of plaintiff's fur coat from defendant company's store- Coat, bought by plaintiff from defendants, returned for purposes of minor alteration -Plaintiff a valued customer-No charge made - Relationship between parties - Degree of care to be shown by defendants -Onus of proof-No evidence of "breaking in"-Safeguards taken by defendants and their staff-Liability of company for negligence of staff.

HILL v. HARLAND & WOLFF, LTD., AND ANOTHER.

(1944) 78 Ll.L.Rep. 4

Negligence-Safe means of access-Personal injuries sustained by plaintiff (appellant) employed as scaler by first defendants- First defendants engaged on repair work on board second defendants' steamer- Plaintiff's fall into forepeak-Alleged failure by defendants (in breach of their common law duty and/or statutory duty under the Factories Act, 1937) to provide adequate lighting-Evidence as to method of lighting-Claim dismissed by Hilbery, J.-Appeal dismissed.

YOUNG v. BRISTOL AEROPLANE COMPANY, LTD.

(1944) 78 Ll.L.Rep. 6

Workmen's compensation-Accident to workman - Unfenced machinery - Breach of statutory duty - Payments made by employers and received by workman as compensation under Act - Subsequent common law claim rejected by Court on ground that, the workman having received compensation payments under the Act, it was bound by authority to hold that he was thereby precluded from recovering common law damages-Appeal-Jurisdiction of Court of Appeal to follow its own decisions-Argument before full Court- Power of full Court.

PORTER v. PORT OF LIVERPOOL STEVEDORING COMPANY, LTD.

(1944) 78 Ll.L.Rep. 12

Negligence-Breach of statutory duty-Safe system of working-Damages-Plaintiff dock labourer (in employ of defendant stevedores) engaged in discharge of ship- Discharge of bacon (in slings) from refrigerator chambers - Necessity for slings to be dragged to position under open hatch, causing chafing of rope fall- Use of wire leg spliced to rope fall- Customary method-Watch kept by hatch boss on join-Fresh splice made whenever necessary-Discharge from refrigerator chambers completed, further operations requiring straight lift-No change made in contrivance-Plaintiff injured by loaded sling falling on him through rope strands in splice giving way-Whether accident due to failure of fellow workman (hatch boss) to carry out system properly.

THE "NELLIE."

(1944) 78 Ll.L.Rep. 16

Collision-Look-out-Lights-Helm action- Collision off the Needles between steamship Falkvik and motor vessel Nellie- Both vessels originally in same inwardbound convoy, with Nellie ahead of Falkvik-Hard-a-starboarding by Nellie for purpose of coming to anchor- Falkvik's case that she was proceeding slow ahead, when the masthead and green lights of Nellie were seen on the starboard bow; that the Nellie later opened her red light close to; and that the Falkvik then hard-a-ported and went full ahead, and later slow ahead-Nellie's case that while turning at slow speed she saw the unlighted loom of the Falkvik almost ahead and about 500 ft. away; and that she (the Nellie) continued her starboard helm action (although the Falkvik signalled that she was porting)-Dispute as to lights exhibited by Falkvik.

MAYOR, ALDERMEN AND BURGESSES OF THE BOROUGH OF WILLESDEN v. MUNICIPAL MUTUAL INSURANCE, LTD.

(1944) 78 Ll.L.Rep. 20

Insurance - Boilers - Domestic use - Policy issued by insurance company indemnifying municipal authority against damages caused by (inter alia) explosion of boilers used for domestic purposes only-Installation of hot water apparatus in building used as electricity showroom and containing offices, storeroom, canteens, etc.- Purpose of apparatus to heat building- Apparatus including thermostatically controlled heating chamber (containing about 27 gallons of water) with a large storage cylinder (containing about 4000 gallons of water) close by for circulation of hot water throughout the building - Explosion in storage cylinder-Claim under policy- Arbitration-Finding, subject to opinion of Court, that cylinder was part of boiler within meaning of policy but that it was not used for domestic purposes only-Case stated.

THE "SOUTHERN PRINCESS."

(1944) 78 Ll.L.Rep. 26

Collision-River-Sheer-Speeds - Inevitable accident - Collision between steamships Almanzora and Southern Princess in River Clyde-Almanzora bound down with two tugs at bow; Southern Princess bound up with tug at bow and stern-Vessels in position to pass port to port - Sudden sheer to port by Southern Princess, causing imminent risk of collision-Whether Almanzora took seamanlike steps to avoid collision-Position of Almanzora in river- Engine action-Possibility of anchoring.

THE "BRITISH ENGINEER."

(1944) 78 Ll.L.Rep. 31

Collision-Single ship meeting convoy-Look-out -Dimmed lights-Helm action-Tide -Collision between Dutch motor vessel Karanan and British steamship British Engineer in approaches to Belfast Lough -Karanan inward bound; British Engineer outward bound in convoy-Tide setting straight across swept channel- Effect-Vessels approaching each other in middle of channel, though each employing helm action to maintain a straight up-and-down course-Green of Karanan open to British Engineer-Possibility that red of British Engineer was open to Karanan- Porting by British Engineer-Starboarding by Karanan-Impact between port bow of British Engineer and port side of Karanan-Karanan sunk.

THE "BENEDICT."

(1944) 78 Ll.L.Rep. 40

Collision-Moorings-Duty to use seamanlike care and skill-Breaking adrift-Onus of proof-Damage to plaintiffs' motor vessel Bosphorus at anchor in Algiers Harbour -Defendants' steamer Benedict discharging at quay with moorings out fore and aft -Wind of gale force, causing vessel to range-Parting of forward moorings- Steps taken by master to get pilot for purpose of obtaining towage assistance- Arrival of pilot too late to procure tug- No further moorings put out by master- Eventual breaking adrift by Benedict, resulting in her driving down on and damaging the Bosphorus-No negligence in Bosphorus.

THE "PERSO."

(1944) 78 Ll.L.Rep. 44

Collision-River-Fog - Look-out - Tug and tow-Collision between motor vessel Perso and barge Albatross (in tow of tug Bridgeness) in River Mersey - Perso bound up river on wrong side of river; Bridgeness bound down river towing four barges in two ranks (Albatross being first vessel in port rank)-Dispute as to whistle signals sounded-Duty of tug (with tow) under Art. 16-Porting by tug to pass wreck- No port helm signal sounded-Impact between stem of Perso and port bow of Albatross-Albatross sunk.

THE "SHELBRIT IV."

(1944) 78 Ll.L.Rep. 50

Negligent navigation-Damage to ship-Ships lashed together-Bumping-Government motor vessel Shelbrit IV (water-boat) lashed alongside plaintiffs' motor vessel Rosewood, anchored in Reykjavik Roads- Anchors of Rosewood foul of each other- Assistance rendered by tug while anchors freed-Rolling of vessels in heavy swell -Bumping damage to both Rosewood and Shelbrit IV-Mutual duties and responsibilities -War situation justifying taking some slight degree of risk-Action brought by owners of Rosewood against naval officer in charge of Shelbrit IV-No counterclaim or cross-action by Admiralty -Right of plaintiffs to recover half damages-Maritime Conventions Act, 1911.

LIGHTER "NO. 50."

(1944) 78 Ll.L.Rep. 55

Negligent navigation-Entering river-Effect of tide-Look-out-Signals-Damage to plaintiffs' motor vessel Robrix by collision with jetty at mouth of River Hull- Robrix emerging from River Hull into River Humber-Defendants' tug Muscovite (with-lighter No. 50 in tow) turning into River Hull from River Humber- Collision between port bow of Robrix and port side of No. 50, followed by collision with jetty-Signals sounded by Robrix not heard by Muscovite-Muscovite committed to her turn before she appreciated the presence of the down-coming Robrix -Tug and tow caught by eddy, forcing her across course of Robrix-Starboarding and full astern action by Robrix-Robrix also caught by eddy, accentuating her swing to starboard and bringing her on to a course head on to jetty-Claim by Robrix against tug and tow (in same ownership) -Counterclaim by defendants.

THE "CORNWOOD."

(1944) 78 Ll.L.Rep. 60

Salvage-Services rendered by tug Euston Cross to steamship Cornwood off Flamborough Head-Main engines broken down-Anchor let go-Dragging-Euston Cross ordered by authorities to proceed to her assistance-Cornwood in tow of minesweeper -Towage taken over by Euston Cross-Towage of 35 miles to Tees Bay by Euston Cross, where Cornwood anchored, awaiting further instructions-Further towage of about 30 miles to Tyne- Weather worsening-Cornwoood in some danger when entering Tyne-Assistance given by other tugs-Claims settled for £1350-Services of Euston Cross occupying about 43 hours - Salved values: £82,000-Award to Euston Cross: £2000.

BONHAM v. ZURICH GENERAL ACCIDENT & LIABILITY INSURANCE COMPANY, LTD.

(1944) 78 Ll.L.Rep. 64

Motor insurance-Hiring-Policy taken out by claimant with Z. Co.-"Description of use: Use for social domestic and pleasure purposes and use by the insured in person in connection with his business or profession as stated in the Schedule hereto excluding:-use for hiring . . ."-Car used for transit to and from place of work -Three passengers regularly carried to and from same place of work-Accident resulting in death of passenger-Judgment recovered against claimant-Right to indemnity from Z. Co.-Arbitration- Findings of arbitrator that two of passengers habitually and voluntarily offered railway fare to claimant, which he accepted, and that the third paid nothing; and that claimant would still have used his car for the journey and would have carried such passengers had they paid nothing-Whether "use for hiring" included carriage of passengers "for hire or reward"-Warranty that car would not be used for hire or reward- Award that claimant was using the car for hiring in violation of the terms and conditions of the policy-Case stated-Road Traffic Act, 1930, Sects. 36 (1) (b) (ii), 61, 67, 72.

UNITED SCOTTISH INSURANCE COMPANY, LTD. v. BRITISH FISHING VESSELS MUTUAL WAR RISKS ASSOCIATION, LTD. [THE "BRACONBUSH."]

(1944) 78 Ll.L.Rep. 70

Marine or war insurance-Loss of steam trawler off Scottish Coast (in deep water) -Ship insured with plaintiffs against marine risks and with defendants against war risks-Ship holed below water line- Taken in tow by another trawler-Sinking during tow-Dispute as to cause of loss- Whether due to external explosion or to striking submerged wreckage-Onus of proof-Balance of probabilities-Evidence of explosion alongside ship and of presence in vicinity of explosive floats which had broken adrift from German minefields.

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

(1944) 78 Ll.L.Rep. 82

Negligence-Safe system of working-Duty of employers to provide-Personal injuries sustained by plaintiff dock labourer in employ of defendant stevedores-Loading of lower hold of steamer-Plaintiff handling cargo on platform built up from other cargo to form bulkhead-Fall-No life-line provided-Whether practicable to provide life-line and whether it should have been provided-Evidence of complaints by workmen as to absence of life-line.

CYPRUS PALESTINE PLANTATIONS COMPANY, LTD. v. OLIVIER & COMPANY (CYPRUS), LTD.

(1944) 78 Ll.L.Rep. 87

Contract - Offer and acceptance - Freight agreement - Renewal - Impossibility of performance-War-Agreement entered into in August, 1938, between plaintiffs (and other fruit exporters) and defendants (shipping agents) for carriage of fruit from Cyprus to London - Negotiations between plaintiffs and defendants for renewal of agreement for 1939/1940 season-Evidence of letter written by defendants to plaintiffs containing terms on which defendants invited renewal, and of plaintiffs' letter written in reply - Subsequent discussion between parties - Whether renewal agreement finally concluded -Effect of war-Restrictions upon shipping - Plaintiffs' fruit carried by defendants at full freight - Claim by plaintiffs for repayment of freight in excess of contract rate.

CAMSEY v. WILLIAM DOXFORD & SONS, LTD.

(1944) 78 Ll.L.Rep. 93

Workmen's compensation-Industrial disease -Disablement of workman in March, 1942 -Certificate of examining surgeon dated April, 1942, that workman was suffering from beat knee-Return to different kind of work in November, 1942-Trouble with knee in June, 1943, disablement lasting until October, 1943, when workman started light work-Recurrence of knee trouble after two months-Award of compensation for disablement "commencing in April, 1942"-Appeal by employers against award-Suggestion that knee trouble was now caused by synovitis.

THE "NORSE KING."

(1944) 78 Ll.L.Rep. 95

Collision-Convoy-Alteration of course-Fog -Collision between steamships Ferdinand Bol and Norse King in Atlantic Ocean in fog-Ships in same convoy on course of 50 deg., Ferdinand Bol being at head of column to port of Norse King-Instructions from commodore that course should be altered to 10 deg. at certain time- Course altered by Ferdinand Bol and by Norse King - Alteration of course not made by commodore ship, causing confusion in convoy-Hard-a-starboarding by Ferdinand Bol when she became aware that ship on her port beam had maintained her original course of 50 deg.- Impact between stem of Norse King and starboard side of Ferdinand Bol at broad angle - Ferdinand Bol sunk - Respective duties.

H.M.S. "PRINCESS ASTRID."

(1944) 78 Ll.L.Rep. 99

Negligent navigation - Moorings - Surging forward-Plaintiffs' sailing barge Trinity moored to dock wall at entrance to lock of King George V Dock-Stem between 4 and 8 ft. from entrance-H.M.S. Princess Astrid entering dock from lock- Displacement of water, causing barge to move forward and collide with quarter of princess Astrid-Action brought by plaintiffs against officer in charge of Princess Astrid-Evidence as to moorings-Onus of proof.

THE "MELMORE HEAD."

(1944) 78 Ll.L.Rep. 102

Salvage-Services rendered by tugs May Cock, Alfred and Crosby to steamship Melmore Head in River Mersey-Melmore Head, awaiting tugs to tow her into dock, foul of buoy marking wreck of sunken vessel, after having fouled wreck itself- Towed clear-Simple but useful services -May Cock engaged to tow-Damage to May Cock by collision with Alfred, necessitating repairs costing £200 - Salved values: £134,000 - Awards: May Cock, £250; Crosby, £250; Alfred, £75- Payment into Court in respect of Crosby claim: £250-Discussion as to costs-One action-Plaintiffs awarded costs of action.

CONTINENTAL GRAIN COMPANY, INCORPORATED v. TWITCHELL.

(1944) 78 Ll.L.Rep. 107

Marine insurance - Anticipated earnings and/or interest-Open cover taken out by plaintiffs (time-charterers of number of vessels) with defendant underwriters insuring plaintiffs' "Anticipated earnings and/or interest, warranted free of all average. Only against total and/or constructive total loss of vessel as per clause attached hereto" - Amount declared by plaintiffs for October, 1937, in respect of motor vessel Aakre: 227,000 dols. -Aakre profitably sub-chartered by plaintiffs for voyage-Stranding during voyage - Constructive total loss - Decision by owners to repair-Repairs completed by February, 1938-Sub-charterers released from voyage charter upon payment to plaintiffs of 5000 dols.-Fall in charter market during this period-Further voyage charters fixed by plaintiffs-Loss on such charters-Time-charter cancelled by plaintiffs upon payment of 35,000 dols.- Claim by plaintiffs for total loss under policy-Cause of loss of earnings-Partial loss.

GREAT WESTERN RAILWAY COMPANY v. PORT TALBOT DRY DOCK COMPANY,

(1944) 78 Ll.L.Rep. 115

Damages - Repairs to ship - Negligence - Capsizing of plaintiffs' dredger while in defendants' care and custody for repairs -Liability of defendants-Reference to Official Referee for assessment of damages -Claims by plaintiffs against defendants for amounts paid by plaintiffs to salvage contractors for moving wreck-Reason-ableness of charges for use of Admiralty vessel-Compromise of charges made by salvage contractors based on early completion of work-Charges for superintendence by plaintiffs-Market value of dredger-Further claim in respect of ultimate removal of wreck not dealt with.

MOORE v. CANADIAN PACIFIC STEAMSHIPS, LTD.

(1944) 78 Ll.L.Rep. 120

Seaman-Desertion-Return of effects-Wages -Libel-Plaintiff employed by defendants as ship's cook-Recurrence of ear trouble during voyage - Evidence that plaintiff suffered from chronic mastoiditis and that he had undergone numerous operations to alleviate the complaint-Plaintiff dissatisfied with treatment received from ship's doctor-X-ray photographs taken and examination made by shore doctor on advice of Port Health Officer-Opinion of shore doctor that operation was urgently necessary-Master first aware of visit to shore doctor when he (the master) received X-ray photographs and reports-Plaintiff ordered by master to return to duty pending investigation-Refusal to comply with order plaintiff going ashore and entering hospital for operation on ear-Entry in log by master that plaintiff was deserter- Effects not put ashore-Wages unpaid- Claim by plaintiff for declaration that he did not desert his ship; for the return of his effects or their value, and damages for detention and/or conversion; for damages for breach of statutory duty by the master under Sect. 36 of the Merchant Shipping Act, 1906; for wages; and for damages for libel - Merchant Shipping Act, 1894, Sect. 221.

OWNERS OF CARGO IN MOTOR VESSEL "GREYSTOKE CASTLE" v. OWNERS OF STEAMSHIP "CHELDALE."

(1944) 78 Ll.L.Rep. 129

Collision-Damages-Both to blame-General average contribution by cargo in carrying ship-Right of recovery from other ship- Collision between steamship Cheldale and motor vessel Greystoke Castle-General average expenses incurred by Greystoke Castle-Contribution made by owners of cargo on board-Apportionment of collision liability: Greystoke Castle, three-quarters; Cheldale, one-quarter-Limitation decree obtained by Greystoke Castle -Cross-settlement of claims between shipowners -Owners of Greystoke Castle said to have received credit for items in respect of which they had also received contribution from cargo-owners-No refund made to cargo-owners by owners of Greystoke Castle-Claim for damages brought by cargo-owners against owners of Cheldale -Reference to Registrar-Items claimed: (1) Damage to cargo; (2) General average contribution made to owners of Greystoke Castle-Report awarding damages under both heads-Motion in objection by owners of Cheldale in respect of recovery of general average contribution-Double payment -The Marpessa, [1891] P. 403-The Minnetonka, [1905] P. 206-The Sucarseco, 51 Ll.L.Rep. 238.

THE "TIOGA."

(1944) 78 Ll.L.Rep. 136

Collision-Single ship meeting convoy-Swept channel-Collision between steamships Pundit and Tioga in North Sea-Pundit in port column of south-bound convoy; Tioga bound north-Convoy required to make substantial alteration of course to starboard at buoy-Duty of Pundit to keep to her own side of swept channel- Finding that Pundit, in the course of making her turn, was navigating more than a cable on the wrong side of the mid-channel line-Masthead and green lights of Pundit sighted by Tioga very fine on port bow-Decision by Tioga to edge off to starboard-Impact between stem of Pundit and port side of Tioga-Tioga sunk.

THE "AMPETCO."

(1944) 78 Ll.L.Rep. 143

Collision - Convoy - Look-out - Collision between motor vessels Ondina and Ampetco off Cape Wrath-Ships in same two-column convoy, Ondina being in port column and Ampetco in starboard column -Reduction of speed by convoy-Starboarding by Ondina to avoid drawing up on her next ahead-Duty to alter course outwards-Ampetco keeping course on commodore ship-Ondina and Ampetco on converging courses, speed of Ondina being slightly greater than that of Ampetco- Impact between starboard bow of Ondina and port bow of Ampetco.

THE "HIGHWOOD."

(1944) 78 Ll.L.Rep. 147

Collision-Anchored vessel-Lights-Look-out -Collision between motor vessel Westland and steamship Highwood-Highwood at anchor, unlighted, in Yarmouth Roads (I.O.W.) - Dispute as to place of anchorage-Whether in anchorage ground or in channel-Westland in single line west-bound convoy-Dawn just breaking -Visibility-Reduction of convoy speed, resulting in ships closing up-Ships ahead of Westland seen by her to take starboard helm action-Highwood seen ahead- Hard-a-porting by Westland - Impact between starboard side of Westland and starboard bow of Highwood-Exhibition of navigation lights prohibited except to avoid collision-Navigation and Anchor Lights Order, 1939, S.R. & O., No. 1156.

GREAT WESTERN RAILWAY COMPANY v. ROYAL NORWEGIAN GOVERNMENT.

(1944) 78 Ll.L.Rep. 152

Towage-Conditions of towage-Construction -Death by accident of member of crew of tug "whilst towing"-Workmen's compensation paid by plaintiff tugowners to dependants-Right to indemnity under towage conditions - Clause providing (inter alia) for full indemnity by hirers "whilst towing" and for modified indemnity (excluding claims by members of crew of tug) "whilst . . . rendering any service other than towing . . ."- Further clause providing that "The hirer shall not bear or be liable for any loss or damage of any description done by or to the tug otherwise than whilst towing, as herein defined, or for loss of life or injury to the crew of the tug . . ." -Alleged ambiguity-United Kingdom Standard Towage Conditions.

HARROW AND ANOTHER v. JOHNSTON BROS. AND IRVIN & SONS, LTD.

(1944) 78 Ll.L.Rep. 155

Repairs to ship-Negligence-Undocking from dry dock-Purchase by plaintiffs of wreck of steam trawler Tarbetness-Salved and taken to Gourdon-Towed to dry dock at Peterhead for repairs-Repairs undertaken partly by first defenders (repairs to hull) and partly by second defenders (engine and woodwork repairs, etc.)- Docking and undocking to be carried out by shipwrights employed by second defenders-Repairs completed in dry dock -Dock flooded preparatory to undocking, second defenders' employees being in attendance for that purpose-Removal of shores by shipwrights-Capsizing of ship before she became fully waterborne- Claim by pursuers for damages-Cause of accident-Respective duties of first and second defenders - Responsibility for undocking-Alleged duty upon pursuers to satisfy themselves upon stability- Contributory negligence - Decision of Sheriff-Substitute that capsizing was solely due to negligence of employees of second defenders in their work of undocking -Appeal by second defenders.

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

(1944) 78 Ll.L.Rep. 167

Charter-party-Warlike operations-"Complying with" charterers' orders-Stranding -Requisition of petitioners' steamship under T.99 A-Owners to be indemnified by charterers in respect of loss arising from the consequence of warlike operations, also in respect of liabilities arising from master's compliance with charterers' orders as regards "employment, agency, or other arrangements"-Ship employed on carriage of war stores-Owners notified by Crown that upon completion of carriage of war stores to St. Nazaire, she would return to Cardiff for survey, preparatory to release from Government service- Discharge completed at St. Nazaire- Written orders given by sea transport officer that ship should proceed after discharge-Protest by first officer (in charge of ship) against leaving port- Opinion expressed that it would be unsafe to leave in the prevailing weather-Objection overridden by sea transport officer, oral instructions being given to leave as soon as discharge completed - 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, agency, or other arrangements" - Dominant cause of stranding.

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

(1944) 78 Ll.L.Rep. 177

Negligence - System of working - Personal injuries sustained by plaintiff stevedore engaged in loading bags of salt by derrick from barge to steamer-Method involving use of "married gear," which required one derrick arm to be fixed in an outward position by means of guy rope, thus preventing the arm from swinging inwards -Barge ordered to move from alongside to permit passage of another steamer- Remaining bags lifted in sling and put on deck until stevedores ready to receive them in hold-Guy rope released-Loading into hold resumed-Guy rope unsecured, derrick arm swinging inwards and dragging sling against coamings-Fall of bags from sling into hold, injuring plaintiff - Claim against employers - Alleged defective system of working-Evidence that sling was loaded with an abnormal number of bags-Negligence of fellow-employees -Common employment.

YORKE v. BRITISH & CONTINENTAL STEAMSHIP COMPANY, LTD.

(1944) 78 Ll.L.Rep. 181

Negligence-Personal injuries sustained by plaintiff, third officer of defendants' steamship, while making his rounds for examination of cargo-Fall down unlighted and unfenced hold-Ship lying moored in Gibraltar Harbour-Claim brought by plaintiff alleging (1) breach of statutory duty under Docks Regulations, 1934; (2) common law negligence-Defence: that Docks Regulations did not apply; denial of common law negligence; contributory negligence; common employment-Abandonment of defence of common employment at trial.

AUSTIN v. ZURICH GENERAL ACCIDENT & LIABILITY INSURANCE COMPANY, LTD.

(1944) 78 Ll.L.Rep. 185

Motor insurance-Extension clause-Double insurance - Rateable proportion - Non-disclosure -Breach of conditions of policy -Accident involving fatal injuries to A. and injuries to N. (both passengers) in A.'s car driven by plaintiff with A.'s consent-A. insured by "Zurich," plaintiff insured by "Bell," both policies containing extension clause - Actions brought against plaintiff by N. and by executrices of A.-Settlement-Payments made (without prejudice and denying liability) by "Bell" in accordance with settlement terms-Present action brought by "Bell" (suing in plaintiff's name) against "Zurich" claiming full or part indemnity under policy issued to A.- Subrogation rights of "Bell"-Effect of double insurance-Whether imposing proportionate liability on each insurance company - Right of plaintiff to sue "Zurich"-"Notwithstanding anything in any enactment, a person issuing a policy of insurance under this section shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons"-Alleged non-disclosure of material facts by A. and incorrect answers to questions in proposal form-"The truth of the statements and answers in the said proposal shall be conditions precedent to any liability of the company to make any payment under this policy" -Defective vision-Physical infirmity- Chronic alcoholism-Previous demands for increased premiums-Accident record of previous three years - Condition of "Zurich" policy requiring insured to give notice of any impending prosecution- Informations preferred against plaintiff, charging him with dangerous and careless driving-Failure by plaintiff to give notice to "Zurich"-Road Traffic Act, 1930, Sect. 36 (4). Practice-Appeal-Notice of intention to cross-appeal given by respondents under R.S.C., Order 58, r. 6-Appeal dismissed, with costs - Cross-appeal abandoned - Costs incurred solely by reason of service of notice to be paid by respondents.

THE "PIERRE LOTI."

(1944) 78 Ll.L.Rep. 193

Collision-Opposite courses-Look-out-Lights -Helm action-Duty to take off way- Collision between steamships Warrian and Pierre Loti off West Coast of Africa- Warrian on course of 85 deg. true; Pierre Loti on course of 278 deg. true-Ships sailing without lights-Pierre Loti sighted by Warrian close to, very fine on starboard bow; Warrian sighted by Pierre Loti close to, fine on port bow-Hard-a-porting by Warrian-Starboarding by Pierre Loti, followed by hard-a-porting-Navigation lights not immediately switched on- Impact between stem of Pierre Loti and starboard side of Warrian-Warrian sunk.

THE COMMISSIONERS FOR EXECUTING THE OFFICE OF LORD HIGH ADMIRAL OF THE UNITED KINGDOM AND OTHERS v. "JOSEFINA THORDEN" (OWNERS) AND HER CARGO.

(1944) 78 Ll.L.Rep. 197

Salvage-Rights of salvors in rem and in personam-Possessory lien-Seizure in Prize-Claim by Admiralty and crews of His Majesty's ships in respect of services rendered to Finnish motor vessel Josefina Thorden-Bombed and set on fire-Abandoned by crew-Vessel rescued by salvors and towed to Kirkwall-Notification by Admiralty that vessel would not be released without satisfactory guarantee- Guarantee provided by agents for ship and cargo from sale of cargo-Vessel left in hands of Admiralty for temporary repair -Discussion between ship's agents and Ministry of War Transport as to chartering by Ministry-Request by agents that vessel should be towed to East Coast for repairs, cost of repair to be deducted from charter freight-Possibility of seizure in Prize within knowledge of agents - Request by agents that vessel would not be seized, refused-Towage to Tyne, where vessel was seized in Prize-Arbitration- Award of salvage-Case stated-Right of Admiralty to salvage award-Whether owners of ship derived any benefit from salvage-Right to actual possession-Plea by owners of ship that it was inequitable that the Admiralty should be paid for their services when the Crown, in one capacity or another, had appropriated the entire benefit of the services to itself.

SMITH & CO. AND OTHERS v. COKER AND THE MERSEY PORTS STEVEDORING COMPANY, LTD.

(1944) 78 Ll.L.Rep. 205

Cargo-Damage-Master porters-Discharge of cargo (cotton in bales and carbon black in bags) from ship in dock at Birkenhead -Cotton stained by carbon black-Claim by cargo-owners against master porters- Defendants also acting as stevedores- Duty of master porters under Mersey Docks and Harbour Board By-laws "to protect the cargo from loss, damage or injury"-Discharge of cotton into shed already occupied by carbon black which was put ashore first-Evidence that cotton had sustained some staining damage before discharge-Judgment of Hilbery, J., upholding cargo-owners' claim on the ground that the master porters had failed to use all such reasonable and practicable means as were available to minimise the damage likely to be caused by the proximity of the carbon black-Assessment of damages to be referred to Official Referee with a suggestion that the plaintiffs should recover the total damage sustained, less the damage due to bad stowage on board-Appeal by master porters.

"LINDENHALL" (OWNERS) v. PORT OF LONDON AUTHORITY.

(1944) 78 Ll.L.Rep. 215

Negligence - Port authority - Damage to plaintiffs' steamship Lindenhall in dock belonging to defendant port authority- Damage due to explosion of parachute mine which had been dropped by enemy aeroplane during air raid a few hours previously-Evidence of defendants' police officers- on duty-Unidentified object seen to fall into dock-Belief that it was parachute flare-Positive statement made to police constable on duty by ship's officer on board another vessel that he had observed mine (with parachute attached) fall into dock-Duty of constable to pass on such information immediately-Information received in time to warn vessels against entering dock-Liability of defendants -Onus of proof of lack of care- Lindenhall in tow of defendants' tugs under towage contract-Clause in contract providing that shipowners "agree and undertake to indemnify and hold harmless the port authority against all claims for or in respect of loss of life, or injury to person or loss or damage of any kind whatsoever and howsoever or wheresoever arising in the course of and in connection with the towage or transport and whether such loss injury or damage be caused or contributed to by any negligence default or error of judgment on the part of any officers or servants whatsoever of the port authority"-Whether defendants entitled to indemnity under contract.

O'BRIEN v. TRAFALGAR INSURANCE COMPANY, LTD.

(1944) 78 Ll.L.Rep. 223

Road Traffic Act, 1930-Road-Factory, classed as protected area, containing made-up roads, pavements, etc.-Plaintiff knocked down on road within factory precincts by motor cycle ridden by B., insured with defendant insurance company-Judgment recovered by plaintiff against B.-Judgment unsatisfied-Action brought by plaintiff against defendants under Sect. 10 of the Road Traffic Act, 1934-Liability of defendants - Policy insuring B. "in respect of the death of or bodily injury to any person caused by or arising out of the use of the vehicle on a road"-"'Road' means any highway and any other road to which the public has access. . . ."- Number of entrances leading to main roads-Police on duty-No entry without special pass - Meaning of "access" - Road Traffic Act, 1930, Sects. 36 (1) (b), 121-Road Traffic Act, 1934, Sect. 10.

THE "SAXMUNDHAM."

(1944) 78 Ll.L.Rep. 227

Salvage-Services rendered by steam trawler Avondee to steam trawler Saxmundham off South Coast of Ireland-Engines broken down - Towage 190 miles to Milford Haven, occupying three days-Loss of fishing-Damage to gear-Salved values: £7200-Award: £1250.

HILL v. THE CROWN.

(1944) 78 Ll.L.Rep. 229

War Damage Act, 1943-Business scheme- Insurable goods - Account books - Insurance broker's offices destroyed by enemy action-Loss of account books used "for the purposes of a business"-The Board of Trade" undertake the liability of insuring persons carrying on business against war damage to . . . goods which . . . are insurable under the business scheme"-"The goods insurable under the business scheme in relation to any person carrying on business are all goods situated in the United Kingdom which are . . . used by him wholly or mainly for the purposes of that business"-"The expression 'goods' includes all corporeal property . . . Provided that the said expression does not include money, negotiable instruments, securities for money, evidences of title to any property or right or of the discharge of any obligation, or any documents owned for the purposes of a business"-Petition of right brought by insurance broker-Evidence that books were insured against fire for £3000-Contention by Crown that books were not "goods" within the meaning of the Act of 1943 but were "documents owned for the purposes of a business"- Onus of proof-War Risks Insurance Act, 1939, Part II-War Damage Act, 1943, Sects. 83 (1) (a), 84 (1), (4), 95 (1), 104.

ROBERTS v. ALFRED HOLT & CO.

(1944) 78 Ll.L.Rep. 236

Negligence-System of working-Duty of employers-Personal injuries sustained by plaintiff dock labourer while loading ship -Claim against defendant employers- Use of married gear-Loading of steel pipes by means of sling-Sling lifted by port winch and then pulled across by starboard winch-Snapping of guy rope when cross-movement begun, derrick arm swinging round-No preventer wire fitted to derrick-Whether proof of negligence- Evidence as to customary use of preventer wire-Common employment.

BAKER CASTOR OIL COMPANY v. INSURANCE COMPANY OF NORTH AMERICA.

(1944) 78 Ll.L.Rep. 240

War insurance-Restraints of Kings, princes and peoples-Vis major-Insurance by defendant insurance company of plaintiffs' cargo shipped in Brazilian vessels from Brazilian ports to United States ports- New York nominated as port of discharge -Vessels owned and operated by Brazilian Government through department known as Lloyd Brasileiro for purpose of carrying privately-owned cargoes in foreign trade for profit-Application made by Lloyd Brasileiro to United States Maritime Commission (prior to entry of United States into war) for "warrants" entitling Lloyd Brasileiro to priorities and facilities for loading, discharging, bunkers, etc. - Warrants issued provided shipowners agreed to abide by regulations of Maritime Commission (later the War Shipping Administration) as to routeing, etc.- Brazilian vessels sunk by submarine- Orders given by Lloyd Brasileiro to its vessels to put into nearest Brazilian port - Application by Lloyd Brasileiro to insurance committee of War Shipping Administration for hull war risk insurance granted provided vessels proceeded to New Orleans instead of New York-Vessels directed by Lloyd Brasileiro to proceed to New Orleans-Cargoes discharged at New Orleans, plaintiffs procuring and paying for carriage by rail to their factory at Bayonne (New Jersey)-Claim to recover such freight charges from defendant company.

BONHAM v. ZURICH GENERAL ACCIDENT & LIABILITY INSURANCE COMPANY, LTD.

(1944) 78 Ll.L.Rep. 245

Motor insurance - Passengers - Carriage for hire or reward-Policy taken out by claimant with Z. Co.-"Description of use: Use for social domestic and pleasure purposes and use by the insured in person in connection with his business or profession as stated in the Schedule hereto excluding:-use for hiring . . ."- Question in proposal form: "Will passengers be carried for hire or reward, or will the motor ear be let on hire? A.: No" -Condition of policy that "the due observance and fulfilment of the terms provisions and conditions of this policy . . . and the truth of the statements and answers in the said proposal shall be conditions precedent to any liability of the company to make any payment under this policy" - Car used for transit to and from place of work-Three passengers regularly carried to and from same place of work-Accident resulting in death of passenger-Judgment recovered against claimant - Right to indemnity from Z. Co.-Arbitration-Evidence that two of passengers habitually and voluntarily offered railway fare to claimant, which he accepted, and that the third paid nothing; and that claimant would still have used his car for the journey and would have carried such passengers had they paid nothing-Whether "use for hiring" included carriage of passengers "for hire or reward" - Award that claimant was using the car for hiring in violation of the terms and conditions of the policy, and that therefore he was not entitled to indemnity-Case stated-Road Traffic Act, 1930, Sects. 36 (1) (b) (ii), 61, 67, 72.

CONTINENTAL GRAIN COMPANY, INC. v. TWITCHELL.

(1944) 78 Ll.L.Rep. 251

Marine insurance - Anticipated earnings and/or interest-Open cover taken out by plaintiffs (time-charterers of number of vessels) with defendant underwriters insuring plaintiffs' "Anticipated earnings and/or interest, warranted free of all average. Only against total and/or constructive total loss of vessel as per clause attached hereto" - Amount declared by plaintiffs for October, 1937, in respect of motor vessel Aakre: 227,000 dols. -Aakre profitably sub-chartered by plaintiffs for voyage-Stranding during voyage - Constructive total loss - Decision by owners to repair-Repairs completed by February, 1938-Sub-charterers released from voyage charter upon payment to plaintiffs of 5000 dols.-Fall in charter market during this period-Further voyage charters fixed by plaintiffs-Loss on such charters-Time-charter cancelled by plaintiffs upon payment of 35,000 dols.- Claim by plaintiffs for total loss under policy-Cause of loss of earnings-Partial loss.

MAYOR, ALDERMEN AND BURGESSES OF THE BOROUGH OF WILLESDEN v. MUNICIPAL MUTUAL INSURANCE, LTD.

(1944) 78 Ll.L.Rep. 256

Insurance - Boilers - Domestic use - Policy issued by insurance company indemnifying municipal authority against damages caused by (inter alia) explosion of boilers used for domestic purposes only-Installation of hot water apparatus in building used as electricity showroom and containing offices, storeroom, canteens, etc.- Purpose of apparatus to heat building- Apparatus including thermostatically controlled heating chamber (containing about 27 gallons of water) with a large storage cylinder (containing about 4000 gallons of water) close by for circulation of hot water throughout the building-Explosion in storage cylinder-Claim under policy- Arbitration-Finding, subject to opinion of Court, that cylinder was part of boiler within meaning of policy but that it was not used for domestic purposes only-Case stated. Arbitration-Evidence before arbitrator- Attached to special case-Practice.

THE "KINGSLAND."

(1944) 78 Ll.L.Rep. 259

Collision-Single ship meeting convoy-Fog -Lights-Collision between steamships Hill and Kingsland in Irish Sea - Hill bound south; Kingsland, in convoy and without lights, bound north-Substantial porting by Hill to pass other vessels in convoy green to green-Descent of fog- Long blast sounded by Hill-Answering blast heard from vessel on starboard bow -Hard-a-porting by Hill - Loom of Kingsland sighted soon afterwards on starboard bow-Engines of Hill put full astern-Impact between stem of Hill and port side of Kingsland at about right angle-Duty of Kingsland to switch on her navigation lights - Dispute as to whether Kingsland switched on her lights before collision-Evidence that Kingsland had been fitted with a new switchboard just prior to commencement of convoy voyage-Ship's officer unfamiliar with its operation-Collision Regulations, Art. 16.

THE "BRITISH DILIGENCE." THE "COMANCHEE."

(1944) 78 Ll.L.Rep. 266

Collision-Convoy-Double collision in fog- Alteration of course-Helm and engine action - Collision between steamship Biafra and motor vessel British Diligence, followed shortly afterwards by collision between Biafra and motor vessel Comanchee - Ships in convoy, with Biafra, the commodore ship, at head of fifth column, and Comanchee astern of her-British Diligence at head of column to starboard of Biafra-Ships in process of wheeling to port by stages in accordance with signals sounded by commodore -Porting by British Diligence to avoid unknown ship approaching on starboard beam, resulting in British Diligence finding herself in close proximity to Comanchee on port beam-Starboarding by British Diligence to resume her convoy course after unknown ship had sheered off to starboard-Loom of Biafra seen ahead -Collision with Biafra in spite of helm and engine action taken by British Diligence-Serious damage to Biafra causing her engines to stop and lights to fail, rendering her in a helpless condition -Starboarding by Comanchee to resume her convoy course, after British Diligence had disappeared in fog ahead-Loom of British Diligence sighted ahead, apparently crossing course of Comanchee from starboard to port-Hard-a-porting by Comanchee to avoid-Loom of Biafra sighted ahead almost immediately afterwards -Collision between Comanchee and Biafra in spite of full astern action- Claims brought by Biafra against British Diligence and Comanchee-Counterclaims by British Diligence against Biafra and by Comanchee against Biafra and British Diligence.

HECTOR STEAMSHIP COMPANY, LTD. v. V/O SOVFRACHT.

(1944) 78 Ll.L.Rep. 275

Charter-party - Hire - Time-charter - Re-delivery -Delay-Charter of steamer "for a period of about three calendar months" -"6. Should steamer be ordered on a voyage by which the charter period will be exceeded charterers to have the use of the steamer to enable them to complete the voyage but for any time exceeding termination date charterers to pay market rate if higher than rate stipulated herein." -"26. It is understood that the period 'about' is to read not exceeding ten days"-"34. Charterers have the option of continuing this charter for a further period of about one month, option one further month . . ."-Steamer delivered on June 7, 1939-Notice to exercise option given by charterers on Sept. 1- Delay on final voyage due to extraneous causes, re-delivery being effected on Dec. 16-Claim by owners for hire at market rate as from Oct. 17-Arbitration -Contention by charterers that hire period was extended by option to Oct. 27; also, that further hire was payable at charter rate-Finding of arbitrator that when the final voyage was ordered it was reasonable to conclude that it would be completed by Oct. 17.

THE "KAAPAREN."

(1944) 78 Ll.L.Rep. 283

Collision - Convoy - Look-out - Courses - Collision between steamship Explorer and motor vessel Kaaparen in North Atlantic Ocean-Vessel's in same column of convoy, with Explorer immediately astern of Kaaparen-Explorer's case that, having drawn out to starboard because of erratic station-keeping of Kaaparen, the Kaaparen sheered to starboard into the Explorer - Kaaparen's case that the Explorer, having got out to starboard, suddenly ported across the course of the Kaaparen-Dispute as to distance at which vessels began to close in.

THE "HELEN MOLLER."

(1944) 78 Ll.L.Rep. 288

Collision - Harbour - Proceeding to berth -Overtaking-Collision between motor vessel Trevalgan and steamship Helen Moller in Port Said Harbour, followed by collision between Trevalgan and other vessels-Helen Moller, having left Suez Canal, taken in charge by tug to assist her to berth in Port Said Harbour-Tug cast off (for unexplained reason) during turn to port-Port anchor of Helen Moller dropped to assist turn-Position reached athwart channel when Trevalgan, which had been following Helen Moller, reached harbour-Course of Trevalgan obstructed by Helen Moller-Impact between port bow of Trevalgan and stern of Helen Moller, causing Trevalgan to fall off to starboard and collide with vessels moored at quay-Whether Trevalgan should have taken steps to avoid Helen Moller either by anchoring or by helm action-Fairway narrowed by reason of vessels moored at quay.

ROYAL HELLENIC GOVERNMENT v. VERGOTTIS, LTD., AND OTHERS.

(1944) 78 Ll.L.Rep. 292

Ship-Loss of Greek steamship by marine perils - Insurance payments - Control- Greek law-Greece overrun by Germans- Enemy-occupied territory-Requisition of Greek shipping-Legislation enacted by Greek Government in London-Agreement between H.M. and Greek Governments- Charters to H.M. Government-Total loss payments under policies to be paid into restricted account in name of person nominated by Greek Government - Endorsements on policies-Mistake of fact -Transfer by nominees from restricted account to resident account-Whether breach of trust and/or duty-Conversion -Steamship Emmy, owned by second defendant, a Greek national at all material times resident in England, time-chartered in May, 1940, to British Government by first defendants (acting as second defendant's agents) - Marine policy effected by first defendants in November, 1940-Greece invaded by Germans in April, 1941, and declared to be enemy-occupied territory under Trading with the Enemy Act, 1939, thus invalidating insurances placed in London covering ships owned by Greeks resident in Greece -Seat of Greek Government transferred to Crete, to Egypt, to South Africa and finally to London-Agreement entered into between H.M. Government and plaintiffs (Greek Government in London) providing for requisition of all Greek ships by Greek Government, such ships to be offered on time-charter to H.M. Government-

THE "PRINCESA."

(1944) 78 Ll.L.Rep. 333

Towage-Rates-"Steamers not normal"- Employment of plaintiffs' tugs to tow defendants' steamer from Cardiff Roads to Queen Alexandra lock - Services occupying about 15 minutes-Port engine of steamer out of action-Claim by tug-owners that payment for services should be based on "rate for towage or assistance of steamers not normal and auxiliary vessels docking or undocking"-Construction - Whether "not normal" referred to assistance or to steamers- Meaning of "steamers not normal."

SIMON, HAYNES, BARLAS & IRELAND v. BEER.

(1944) 78 Ll.L.Rep. 337

Insurance - Solicitors Indemnity Policy - "Neglect, omission or error"-Non-disclosure -Estoppel-Claim brought by C. against plaintiffs (firm of solicitors insured with defendant underwriters) -Allegation by C. that K., one-time partner of plaintiff firm (since dismissed), had been negligent in that he had negotiated certain advances by C. to F. without proper security-Underwriters notified of claim-Refusal by underwriters to admit liability-Plaintiffs told to act as if uninsured -Counsel's advice taken-Plaintiffs advised to settle-Claim by plaintiffs to recover settlement and costs-Evidence that K. had been responsible for the negotiation of certain loans made by C. to F.; that K., without benefit to himself, had drawn cheques on plaintiffs' clients' account for benefit of F. (though F's. account was overdrawn); that K. was dismissed by plaintiffs immediately upon discovery by them of such unprofessional conduct and reported to the Law Society, who took disciplinary action; and that plaintiffs' clients' account, in spite of such payments, was always sufficient to meet clients' claims - Contention by underwriters (a) that matters of negligence alleged by C. and (b) that the improper dealing with the plaintiffs' clients' account were material to the risk and should have been disclosed prior to renewal of policy - Whether underwriters estopped from denying liability- Duty of underwriters, upon discovering concealment, to make their election within reasonable time.

DOWD v. W. H. BOASE & CO., LTD., AND REA, LTD. McFARLANE v. COGGINS & GRIFFITH (LIVERPOOL), LTD., AND THE MERSEY DOCKS AND HARBOUR BOARD.

(1944) 78 Ll.L.Rep. 383

Master and servant-Vehicle and servant lent on hire-Negligence of servant-Liability of hirers-Respondeat superior. (1) Claim by plaintiff dock labourer against B. Ltd. and R. Ltd.-Plaintiff, employed by R. Ltd., engaged in loading frozen meat from bogie truck to lorry at Gladstone Dock, Liverpool-Bogie truck (with driver) hired by R. Ltd. from B. Ltd.-Negligence of driver, resulting in personal injury to plaintiff -Whether driver the servant of the hirers for the particular purpose- Evidence of control by hirers-Onus of proof-Decision of Stable, J., that the driver was temporarily the servant of the hirers and therefore in common employment with the plaintiff, whose claim for damages accordingly failed- Appeal by plaintiff. (2) Claim by plaintiff checker against C. & G. (stevedores) and Dock Board -Plaintiff employed by D. & Co. in checking loading of cargo on board ship at North Sandon Dock, Liverpool- Mobile crane hired by C. & G. from Dock Board-Negligence of crane driver, resulting in personal injury to the plaintiff-Whether crane driver temporarily the servant of hirers-Effect of Dock Board Regulations providing that "the Board do not provide any labour in connection with the cranes except the services of the crane drivers for power cranes. The drivers go provided shall be the servants of the applicants"- Admission by hirers that crane driver was acting under their "immediate directions" - Decision of Croom-Johnson, J., that the crane driver was still employed by the Dock Board at the time of the accident, and that they were therefore liable to the plaintiff-Appeal by Dock Board.

NICHOLAS v. F. J. SPARKS & SONS.

(1944) 78 Ll.L.Rep. 388

COURT LINE, LTD. v. THE KING.

(1944) 78 Ll.L.Rep. 390

Charter-party-Hire-Cesser of hire-Constructive total loss - Suppliants' ship under charter to H.M. Government under T.99 A-Ship torpedoed in Atlantic Ocean while in convoy on July 18, 1942- Abandonment by master and crew - Master's opinion that ship would not survive long tow-Steps taken to salve ship by naval officers in charge of convoy-Ship taken in tow by tugs-Sudden foundering on Aug. 1 after towage for 500 miles- Petition of right claiming hire from July 18 until sinking-"If the ship be lost, hire shall be paid up to and inclusive of the day of loss, or, if missing, up to and inclusive of the day last spoken. Should the vessel become a constructive total loss such loss shall be deemed to have occurred and the hire under this contract shall cease as from the day of the casualty resulting in such loss"-Contentions by Crown: that ship became constructive total loss on July 18; that the damage suffered by the ship, coupled with the fact of abandonment by the master and crew, who were paid off, created a frustration, or amounted to a repudiation of the charter by the owners; and that as the owners had received payment from their insurers on the basis of a total loss on July 18, they had therefore divested themselves of ownership on that date-Marine Insurance Act, 1906, Sects. 57, 60 (1), (2), 61, 62, 63.

THE "GLAISDALE."

(1944) 78 Ll.L.Rep. 403

Towage or salvage-Difficulties during tow- Plaintiffs' tug A. H. engaged by defendants to tow their steamer Glaisdale from Queen Alexandra lock, Cardiff, to Cardiff Roads-Tow rope made fast as steamer emerging from lock gates - Steamer unable to develop her full power -Surging of tow rope (which was new) immediately tug took strain-Head of steamer deflected by tide across channel- Port anchor dropped-Steamer pulled up with her forefoot touching bank of channel -Tug N. immediately engaged by steamer to help her to regain her proper position up and down channel and to lift her anchor (which was foul of the mooring cable of a dredger) - Danger to steamer-Whether circumstances such as to change towage services into salvage services.

THE "LASS O'DOUNE."

(1944) 78 Ll.L.Rep. 410

Salvage-Services rendered by steam trawler Cyclamen to steam trawler Lass O'Doune off Queenstown-Boiler trouble-Request for towage to Queenstown-Tow of about 15 miles to Queenstown and thence to Cork for repairs-Loss of fishing time-Meritorious service without serious risk - Salved values: £4957-Award: £250- Offer of £250 before issue of writ- Defendants awarded costs. Practice - Costs - Salvage - Offer made by defendants before issue of writ-Cheque accepted by salvors as payment into Court -Identical sum awarded by learned Judge - R.S.C., Orders 22, 65 - Defendants awarded costs of action.

ATHEL LINE, LTD. v. LIVERPOOL AND LONDON WAR RISKS INSURANCE ASSOCIATION, LTD.

(1944) 78 Ll.L.Rep. 414

Insurance (Marine or War)-Warlike operations - Stranding - Plaintiffs' tanker requisitioned by M.W.T.-Carriage of full cargo of fuel oil from Trinidad to naval bases at Loch Alsh and Scapa Flow-Ship instructed to anchor in Loch Alsh to await orders to discharge-Ship holed by sitting on rock while swinging to her anchor- Whether such damage recoverable from war risk insurers as a consequence of the warlike operations on which the ship was engaged.

ROMAIN v. R. & H. GREEN & SILLEY WEIR, LTD., AND ANOTHER.

(1944) 78 Ll.L.Rep. 421

Negligence-Personal injuries sustained by plaintiff (employed by ship-repairers) while working on board defendants' ship lying in West India Dock-Collapse of shore gangway-Plaintiff leaving ship to satisfy call of nature-Ship about to be towed from West India Dock to Millwall Dock-Tugs in attendance-Orders given by captain to "land the gangway," plaintiff stepping on gangway just as lashings untied-Whether warning given to plaintiff -Alleged failure by plaintiff to take reasonable care - Claim brought against employers and against shipowners - Admission during hearing that there was no case against employers.

THE "TIOGA."

(1944) 78 Ll.L.Rep. 427

Collision-Single ship meeting convoy-Swept channel-Collision between steamships Pundit and Tioga in North Sea-Pundit in port column of south-bound convoy; Tioga bound north-Pundit sailing without lights; Tioga showing dimmed lights- Convoy required to make substantial alteration of course to starboard at buoy- Duty of Pundit to keep to her own side of swept channel-Commodore ship Harlaw (ahead of Pundit) passed by Tioga green to green-Harlaw in wrong water-Tioga warned by Harlaw of presence of convoy ahead-Starboarding by Tioga, lights being switched on to full brilliancy- Dimmed lights of Pundit switched on when she saw Tioga's lights ahead-Green of Pundit sighted fine on Tioga's port bow- Hard-a-starboarding by Tioga-Impact between stem of Pundit and port side of Tioga-Tioga sunk.

O'FLAHERTY v. SHAW, SAVILL & ALBION COMPANY, LTD., AND REA, LTD.

(1944) 78 Ll.L.Rep. 435

Negligence-Occupier of ship-Trap-Breach of statutory duty-Applicability of Regulations - Lighting - Hatches - Fatal accident to rigger employed by M. I. Co. -M. I. Co. engaged to do certain work on board first defendants' ship after discharge of cargo-Cargo discharged by second defendants, who were also engaged to coal ship-Deceased man sent down by his own foreman to collect tools in tunnel pocket-Tunnel pocket unlighted and uncovered -Fall-Claim brought by administratrix against defendants for breach of common law duty and for breach of Docks Regulations, 1934-Liability under regulations -Evidence that second defendants had completed discharging and that the accident occurred before coaling commenced -Carrying on the "processes"- Meaning of "efficiently lighted"- "Hatch" - Contributory negligence - Docks Regulations, 1934, Regulations 12, 37.

THE "DRUDGE."

(1944) 78 Ll.L.Rep. 439

Collision - River - Fog - Visibility - Courses-Helm action-Look-out - Collision between steamship Dagenham and H.M. salvage vessel Drudge at entrance to River Tyne-Dagenham bound up; Drudge bound down, having turned in the river from her mooring on the south side- Dispute as to position in river just before collision and as to exchange of helm signals -Starboarding by Drudge; porting by Dagenham-Impact between stem and port bow of Dagenham and port side forward of Drudge.

THE "EMPIRE WAIMANA."

(1944) 78 Ll.L.Rep. 445

Collision - Convoy - Fog - Look-out - Helm action - Collision between steamships Euthalia and Empire Waimana in North Atlantic in fog - Euthalia in convoy bound from Halifax to U.K. on course of 90 deg.; Empire Waimana in convoy bound from New York to U.K. on course of 46 deg. - New York convoy due to join Halifax convoy - Empire Waimana first sighted by Euthalia close to on starboard quarter, when she heard Empire Waimana sound astern signal - Full ahead by Euthalia - Blue stern light of Euthalia sighted by Empire Waimana on port bow about ship's length away - Starboarding by Empire Waimana in belief that blue light was being shown by vessel ahead in same convoy - Impact between stem of Empire Waimana and starboard quarter of Euthalia - Evidence that Euthalia had lost her convoy station

THE "ST. ROGNVALD."

(1944) 78 Ll.L.Rep. 449

Collision - Overtaking - Duty of overtaking vessel - Onus of proof - Collision between. H.M. drifter Boy Andrew and steamship St. Rognvald in Firth of Forth - Both vessels eastward bound in swept channel, St. Rognvald overtaking Boy Andrew at lateral distance of about 100 ft. - Sudden starboarding by Boy Andrew across course of St. Rognvald - Impact between starboard side aft of Boy Andrew and stem of St. Rognvald - Boy Andrew sunk with all hands - Whether St. Rognvald attempted to pass Boy Andrew with insufficient clearance.

BRITISH OIL & CAKE MILLS, LTD. v. GREENOCK HARBOUR TRUSTEES AND OTHERS.

(1944) 78 Ll.L.Rep. 453

Negligence - Loss of pursuers' crane - Toppling of crane into harbour - Third defenders' steamship berthed in dock belonging to first defenders-Pursuers' crane and driver lent on hire to second defenders (ship-repairers) for purpose of loading material on board - Ship under orders of first defenders to move to another berth-Crane engaged in lowering valve cases into engine-room through skylight, when "all clear" signal given to pilot by first defenders' deputy harbour-master-Tugs signalled by pilot to commence towing-Fall of crane caught in skylight-Crane pulled over into harbour in spite of craneman's efforts to free fall-Responsibility for accident-Evidence as to position of jib when "all clear" signal given by deputy harbour-master - Second defenders' servants aware that ship was about to be moved-Liability of pursuers for acts of craneman - Whether craneman guilty of contributory negligence.

THE "LLANOVER."

(1944) 78 Ll.L.Rep. 461

Collision-Anchored vessels-Fog-Look-out- Seamanship-Collision between steamships Presto and Llanover in North Sea-Ships in separate convoys under orders to join up-Presto's convoy ordered to anchor owing to fog - Presto and other anchored vessels in vicinity sounding their bells - Llanover convoy ordered to anchor-Manoeuvres taken by Llanover -Evidence that she passed along starboard side of Presto at about distance of 100 ft.-Astern action taken by Llanover preparatory to anchoring - Impact between counter and rudder of Llanover and starboard side of Presto-Presto sunk -Presto admittedly riot to blame-Allegations of negligence against Llanover: (1) failing to anchor earlier than she did; (2) bad look-out; (3) going astern at improper time; (4) allowing her stern to swing to port at an improper time; (5) paying out an extra two shackles of chain shortly before collision.

THE "HELEN MOLLER."

(1944) 78 Ll.L.Rep. 473

Collision - Harbour - Proceeding to berth - Overtaking - Collision between motor vessel Trevalgan and steamship Helen Moller in Port Said Harbour, followed by collision between Trevalgan and other vessels-Helen Moller, having left Suez Canal, taken in charge by tug to assist her to berth in Port Said Harbour-Tug cast off (for unexplained reason) during turn to port-Port anchor of Helen Moller dropped to assist turn-Position reached athwart channel when Trevalgan, which had been following Helen Moller, reached harbour-Course of Trevalgan obstructed by Helen Moller-Impact between port bow of Trevalgan and stern of Helen Moller, causing Trevalgan to fall off to starboard and collide with vessels moored at quay-Whether Trevalgan should have taken steps to avoid Helen Moller either by anchoring or by helm action-Fairway narrowed by reason of vessels moored at quay.

THE "GLAISDALE."

(1944) 78 Ll.L.Rep. 477

Towage or salvage-Difficulties during tow- First plaintiffs' tug A.H. engaged by defendants to tow their steamer Glaisdale from Queen Alexandra lock, Cardiff, to Cardiff Roads-Tow rope made fast as steamer emerged from lock gate-Steamer unable to develop her full power- Surging of tow rope (which was new) immediately tug took strain-Head of steamer deflected by tide across channel- Port anchor dropped-Steamer pulled up with her forefoot touching bank of channel-Second plaintiffs' tug N. immediately engaged by steamer to help her to regain her proper position up and down channel and to lift her anchor (which was foul of the mooring cable of a dredger)-Danger to steamer-Whether circumstances such as to change towage services into salvage services.

THE "PRINCESA."

(1944) 78 Ll.L.Rep. 478

Towage-Rates-"Steamers not normal"- Employment of plaintiffs' tugs to tow defendants' steamer from Cardiff Roads to Queen Alexandra lock-Services occupying about 15 minutes-Port engine of steamer out of action-Claim by tugowners that payment for services should be based on "rate for towage or assistance of steamers not normal and auxiliary vessels docking or undocking" - Construction-Whether "not normal" referred to assistance or to steamers- Meaning of "steamers not normal."

THE "GATESHEAD."

(1944) 78 Ll.L.Rep. 481

Collision-Convoy-Look-out-Lights - Masthead light-Collision between steamships Nolisement and Gateshead in Haisborough Channel-Vessels in same two-column north-bound convoy, the Gateshead being the last in the starboard column and the Nolisement well ahead in the port column -Evidence from Nolisement that she collided with and sank a "wreck buoy"; that thereafter she kept her wheel hard-a-starboard; and that, when on an undefined heading, she sighted the green of the Gateshead about 250 ft. distant, bearing just forward of her port beam- Evidence from Gateshead that, being on her proper course, she sighted the loom of the Nolisement about 800 ft. distant, 112 points forward of her starboard beam- Impact between stem of Gateshead and port side of Nolisement-Dispute as to lights exhibited before collision-Gateshead not exhibiting her masthead light- Identity of "wreck buoy"-Navigation and Anchor Lights Order, 1941.

THE "F. J. WOLFE."

(1944) 78 Ll.L.Rep. 486

Collision-Convoys on crossing courses- Duties of individual units of each convoy - Look-out - Lights - Collision between steamship Empire Soldier and motor vessel F. J. Wolfe off St. John's (N.F.)- Empire Soldier in large north-bound convoy; F. J. Wolfe in small west-bound convoy - Both convoys unlighted - F. J. Wolfe sighted by Empire Soldier about three miles distant on starboard bow, on a course crossing from starboard to port-No immediate action taken by Empire Soldier, although F. J. Wolfe continued to approach on same bearing- Empire Soldier sighted by F. J. Wolfe about half mile distant on port bow-Starboarding by F. J. Wolfe followed by hard-a-starboarding when she realised (at about three cables' distance) that the Empire Soldier was crossing her course-Red light of F. J. Wolfe switched on- Masthead and green lights also switched on when it became apparent that the Empire Soldier was taking no action to keep clear-Navigation lights of Empire Soldier then switched on-Starboarding by Empire Soldier just before collision- Impact between stem of F. J. Wolfe and starboard side of Empire Soldier-Empire Soldier sunk - Applicability of crossing rule-Respective duties and obligations of vessels, each being a unit of a convoy approaching another convoy on a crossing course - Collision Regulations, Arts. 19, 21, 22 and 23.

HOMECRAFT WEAVERS, LTD. v. GEORGE EWER & CO., LTD. (H. WELSH, LTD., THIRD PARTIES).

(1944) 78 Ll.L.Rep. 496

Contract - Breach - Conversion and/or detention - Haulage contract - Subcontract - Larceny by servant of subcontractor -Contract entered into by E. & Co., haulage contractors, to transport plaintiffs' goods by lorry - W. Ltd. employed by E. & Co. as sub-contractors to carry out work - W. Ltd.'s lorry found abandoned, goods having been stolen - Driver (K.) subsequently convicted of larceny of goods - Claim brought by plaintiffs against E. & Co. - W. Ltd. brought in by E. & Co. as third parties - Right of E. & Co. to sub-contract - Whether E. & Co. negligent in sub-contracting with W. Ltd. and whether W. Ltd. negligent in engaging K. (who in fact had a criminal record and produced false identity cards) - Evidence of precautions token by W. Ltd. in engaging K. - Responsibility of master for larceny by servant.

CLINKER v. STEVENS AND ANOTHER.

(1944) 78 Ll.L.Rep. 501

CARTER v. OCEAN STEAM SHIP COMPANY, LTD.

(1944) 78 Ll.L.Rep. 504

Negligence-Safe system of working-Breach of statutory duty - Personal injuries sustained by plaintiff dock labourer engaged in loading cement from barge into defendants' steamship in London dock- Cement (in bags) lifted on oblong board suspended in rope sling - Fall of empty board from sling-Evidence that owing to the risk of damage to bags, the trade had abandoned the original practice to use crate fitted with eyes into which rope was hooked - Visit of learned Judge to docks to see a practical demonstration of method used.

LEVER BROTHERS & UNILEVER, LTD. v. MANCHESTER SHIP CANAL COMPANY AND LONDON MIDLAND & SCOTTISH RAILWAY COMPANY.

(1944) 78 Ll.L.Rep. 507

Statutes-Private Act-Construction-User of dock-Bromborough Dock Act, 1923, Sect. 25: "Notwithstanding anything contained in this Act or in any Act incorporated therewith the works shall be private works and under no circumstances shall the dock works be used as a public dock and the company shall not for any purposes be deemed to be a railway company"-Summons taken out by plaintiffs (owners of dock) for declaration that they were not prevented by Sect. 25 from granting to purchasers or lessees from them or from their subsidiary companies of sites adjacent to the dock, facilities over the dock for the import and export of goods to and from such sites -Evidence of negotiations between plaintiffs and possible purchasers of sites- Discretion of Court-R.S.C., Order 54A- Declaration refused.

ROONEY v. ABERDEEN & COMMONWEALTH LINE, LTD.

(1944) 78 Ll.L.Rep. 511

Master and servant - Personal injuries sustained by employee-System of working - Supervision - Claim brought by ship's fireman against shipowners in respect of injuries sustained while engaged with other firemen in painting engine-room - Ship at sea - Plaintiff supplied with plank and rope to make scaffold - Attempt by plaintiff to tie plank while standing on engine-room platform (bounded by rail 3 ft. high with stanchions 6 ft. apart)-Pall under rail into engine-room below-Duty of employers - Whether employers took adequate precautions for plaintiff's safety.

THE "INDUNA" (OWNERS) v. PORT OF LONDON AUTHORITY

(1944) 78 Ll.L.Rep. 515

Dock authority-Submerged object in dock- Bottom damage to ship-Proof of damage -Claim by plaintiffs against Port of London Authority in respect of damage sustained by steamship Induna in Canada Dock-Admission by Authority that steamer struck submerged wreck of barge and that they were liable for the bottom damage sustained thereby-Denial that certain damage to propeller and to tail-shaft were incurred at the same time- Expert evidence as to cause of cracks in tail-shaft - Fatigue - Inference to be drawn from nature of damage.

THE "NEA HELLAS."

(1944) 78 Ll.L.Rep. 521

Collision-Ships meeting on slightly diverging courses-Helm action-Collision between steamships Susan V. Luckenbach and Nea Hellas in Gulf of Suez-Susan V. Luckenbach on course of 140 deg.; Nea Hellas on course of 326 deg.-Red of Nea Hellas sighted by Susan V. Luckenbach about a mile ahead-Starboarding by Susan V. Luckenbach, no helm signal being sounded -Green of Susan V. Luckenbach sighted by Nea Hellas on port bow-"Port wheel" ordered by officer in charge on bridge of Nea Hellas, followed by "starboard wheel" when red of Susan V. Luckenbach opened-Order to starboard countermanded by superior officer, wheel being put to port - Further starboarding by Susan V. Luckenbach, helm signal being sounded, when she realised that the Nea Hellas was porting - Whether vessels were at any time all clear green to green-Engines of Nea Hellas put astern just before collision.

THE "WHEELSMAN."

(1944) 78 Ll.L.Rep. 525

Collision-River-Look-out-Collision in daylight between steam hopper barge No. 12 and motor vessel Wheelsman in River Mersey-No. 12, from a position at anchor, proceeding E.S.E. across river towards dredger operating off Brunswick Dock-Wheelsman bound down-Starboarding by Wheelsman when hopper about half a mile distant, fine on starboard bow-Porting and astern action taken by No. 12 when vessels about 400 ft. apart.

THE "ATHELVICTOR."

(1944) 78 Ll.L.Rep. 529

Ship - Limitation of liability - "Improper navigation or management"-Life claims -Damage to property ashore and afloat- Explosion and fire following escape of petrol cargo from plaintiffs' ship in Lagos Harbour during discharge - Other ships sunk or damaged; damage to property ashore; loss of lives and personal injuries sustained ashore and afloat - Admitted negligence of ship's personnel in leaving sea valves open-Valves used for both ship and cargo purposes - Accident occurring without plaintiffs' actual fault or privity -Whether loss caused "by reason of the improper navigation or management of the ship"-Meaning of "management of the ship" as applied in limitation proceedings -Whether Court entitled to disregard the narrower interpretation adopted in construing the words "improper management of the ship" in bill of lading and similar cases-Admission by plaintiffs during hearing that even if accident was due to improper navigation they were not entitled to limitation in respect of claims for loss of life or personal injury ashore-Merchant Shipping Act, 1894, Sect. 503 (1)-Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sect. 1.

THE "SAMURAI."

(1944) 78 Ll.L.Rep. 546

Collision-Look-out-Helm action - Speeds - Collision between H.M. destroyer Winchelsea and steam trawler Samurai in North Channel, Firth of Clyde-Winchelsea on course of 144 deg.; Samurai on course of 321 deg.-Samurai navigating in water where she should expect to meet inward-bound vessels and consequently should keep a particularly good look-out-Green of Samurai sighted by Winchelsea at distance of two to three miles on port bow, eventually passing on to starboard bow- Red of Samurai opened on Winchelsea's starboard bow at distance of about one-quarter of a mile - Porting and hard-a-porting by Winchelsea, speed being increased -Winchelsea's lights first sighted by Samurai about half-a-mile away fine on starboard bow-Starboarding by Samurai -Astern action taken by Samurai when she realised that Winchelsea was crossing her bows - Impact between stem of Samurai and starboard side of Winchelsea.

THE "GEO. W. McKNIGHT."

(1944) 78 Ll.L.Rep. 551

Collision-Fog-Speeds-Breaking up of convoy - Collision between motor vessels Nueva Granada and Geo. W. McKnight in North Channel, Firth of Clyde, in fog- Vessels originally in port column of inward-bound convoy, on course of 142 deg., Geo. W. McKnight being next but one astern of Nueva Granada-Orders given that vessels in port column, bound for Clyde, should alter course to 95 deg. a few hours later-Slight porting by Nueva Granada in accordance with instructions, speed being reduced and signals sounded when she ran into bank of fog-Porting by Geo. W. McKnight-Speed maintained when she ran into fog, no signals being sounded-Geo. W. McKnight aware that other vessels in port column were on her port side-Impact between port bow of Geo. W. McKnight and starboard side of Nueva Granada.

MABRO v. WILLIAM BROWN, ATKINSON & CO., LTD.

(1944) 78 Ll.L.Rep. 555

Shipbrokers-Account-Claim by Egyptian shipowner for an account of moneys received by defendant shipbrokers on plaintiff's behalf-Charters of plaintiff's steamers effected by defendants with M.W.T.-M.W.T. responsible for war risk insurance-Vessels uninsured against marine risks-Vessels lost without trace -Steps taken by defendants to recover from M.W.T. on basis of war loss-Proposals for arbitration-Full settlement made by M.W.T. after protracted negotiations with defendants (and their solicitors) - Deductions made by defendants disputed by plaintiff: (1) £525 agreed solicitors' charges; (2) £850 collecting commission; (3) £402 commission in respect of defendants' guarantee of premiums; (4) £63 expenses-Authority of defendants - Consideration of correspondence passing between parties concerning charges authorised to be made -Solicitors engaged by defendants - Charges agreed by defendants without plaintiff's knowledge-(1) reduced to £210; (2) allowed; (3) reduced to £161; (4) disallowed.

COMMISSIONERS OF INLAND REVENUE v. GARDNER, MOUNTAIN & D'AMBRUMENIL, LTD.

(1944) 78 Ll.L.Rep. 572

Revenue - National Defence Contribution - Assessment - Underwriting agents-Computation of profits - Basis of liability - Chargeable accounting period-Practice of Lloyd's-Company acting as agents for various Lloyd's underwriting syndicates- Company to receive as remuneration fixed salary and expenses and commission on net profits on each year's underwriting- Tax returns for accounting period Apr. 1, 1938/Mar. 31, 1939, showing commission relating to transactions initiated in 1936-Commission relating to transactions initiated in 1938 included in returns for 1941 (when commission finally ascertained) - Additional assessment to National Defence Contribution for 1938/1939 period made in respect of commission on 1938 transactions - Agency agreement providing that "An account shall be kept for the period ending Dec. 31 [next after the agency commences] and for each subsequent year of the agency and all premiums salvages reinsurances recoveries and other receipts and all losses averages returns of premium and other payments and outgoings including cost of reinsurance (if any) of outstanding liability in respect of the underwriting carried on during each such period or year shall be carried to the account for such period or year and each such account shall be made up and balanced at the end of the second clear year from the expiration of the period or year to which it relates and the amount then remaining to the credit of the account shall be taken to represent the amount of the net profit of the period or year to which it relates and the commission payable to the company shall be calculated and paid thereon"-Further provision that salary and expenses should cease at termination of agency "but after such termination (whether by death of the underwriter or otherwise) the company shall be entitled to wind up the underwriting and the accounts in connection therewith and shall be paid for its services in connection therewith a remuneration of not less than 100 guineas"-Construction of agreement-Evidence as to Lloyd's practice-Whether, for the purpose of computing profits, such commission should be credited at the date actually received or at the date when the policies were underwritten.

Lloyd's Law Reports