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THE "ROBERT J. PAISLEY."

(1930) 36 Ll L Rep 1

Collision between steamships Saskatchewan and Robert J. Paisley in Owen Sound, Ontario-Contract by tugowners to tow Robert J. Paisley (without engine power) to position in harbour- Robert J. Paisley, in charge of P, adrift from tug after snapping of tow rope-Damage to Saskatchewan and to her cargo through contact with Robert J. Paisley's anchor-Anchor carried in improper position-Joint negligence of P and tugmaster -

THE "JOSEPH BUTTON."

(1930) 36 Ll L Rep 5

Collision between auxiliary schooner Matilda and steam trawler Joseph Button in Milford Haven-Lights to be exhibited by auxiliary sailing vessel- Position under Collision Regulations-

THE "SCOTTISH AMERICAN."

(1930) 36 Ll L Rep 9

Salvage-Services rendered off Uruguay by steamship Queensland Transport to steamship Scottish American after she had been on fire-Standing by for five hours; supply of food, stores, compass, &c.; assistance in navigation-Useful service without risks to ship or crew- £1230 awarded on salved values of £91,511.

THE "ALICE."

(1930) 36 Ll L Rep 12

Collision between steamship Lucigen (in tow of tugs Eagle and Falcon) and steamship Alice in Cardiff channel- Lucigen damaged; Eagle sunk-Alice on wrong side of channel-Onus of proving that collision was unavoidable -Alice found alone to blame.

LLOYD DEL PACIFICO v. BOARD OF TRADE.

(1930) 36 Ll L Rep 16

Costs-Sale of ship by Shipping Controller to Italian shipowners-Alleged breach of warranty-Umpire's finding in favour of purchasers, vendors to pay part of purchasers' costs-Case stated -Award set aside and judgment entered in favour of vendors-Purchasers' appeal dismissed-Effect of judgments upon arbitration costs - Award remitted to umpire.

HOLTS MOTORS, LTD. v. SOUTH-EAST LANCASHIRE INSURANCE COMPANY, LTD.

(1930) 36 Ll L Rep 17

Insurance (motor-car)-Action for declaration that certain policies were valid and binding contracts of insurance- Defences (1) that answers in proposal form were untrue; (2) that there was non-disclosure - Car bought on hire purchase system-Joint insurance by owners and hirers-Risk refused by B insurance company; accepted by L insurance company- Expiry-Insurance with defendants- "Has any company or underwriter declined to insure . . . any of your vehicles?"-

IN RE CITY EQUITABLE FIRE INSURANCE COMPANY, LTD.

(1930) 36 Ll L Rep 22

Insurance-Reinsurance-Treaty by A and B companies-Compulsory liquidation of A company-Claim by B company- Proof of B company rejected by liquidator-Alleged compromise-

THE "OTRANTO."

(1930) 36 Ll L Rep 25

Collision between steamships K M and O off Humber Light-vessel - Vessels crossing at right-angles, with the K M the give-way vessel-Interpretation of rule requiring O to keep course and speed; to take action "as will best aid to avert collision" where collision unavoidable by K M alone-Starboarding, with signal, by O, followed by porting by K M -

THE "ORCHIS."

(1930) 36 Ll L Rep 44

Negligence-Damage to steamship-Alleged bad berth-Evidence of old damage- 50 years' good reputation of berth -

ANTHONY O'BOYLE v. LONG ISLAND RAILROAD COMPANY. (THE "QUOGUE.")

(1930) 36 Ll L Rep 53

Collision between moored coal boat Lake Huron and car float (in tow of tug Quogue) during dense fog in New York Harbour - Voyage undertaken by tug when visibility was not much more than 50 ft. - Intention to hug shore - Tug forced off shore by another vessel - Bearings lost -

PYMAN, BELL & CO., LTD. v. OHLSON STEAMSHIP COMPANY.

(1930) 36 Ll L Rep 57

Bill of lading - Freight - Dispute as to quantity of deck cargo - Freight payable at agreed rate per intaken piled fathom of 216 cubic feet-Bills of lading stating quantity but also claused "measure unknown" - "The intaken quantity piled measure to be certified by a Swedish official measurer whose certificate shall be supplies to the captain by the shippers. For this certificate the captain shall pay the shippers" so much per English cubic fathom - Unreliability of certificates supplied - Evidence of deck space available and of stowage of deck cargo -Scaled fathoms and piled fathoms compared-Inference to be drawn from draught of same vessel carrying similar cargo on previous voyages-

DIXON v. "AYRESOME" (OWNERS).

(1930) 36 Ll L Rep 62

Workmen's compensation-Claim by dependant of deceased coal trimmer-Trimmer fatally injured in jumping from ship's bulwarks to handrail on quay, a distance of 2 ft. - Finding of County Court Judge that, there being a sloping ladder by which employees might leave the vessel, the accident arose outside the scope of the employment -

EASTER v. MARVIN.

(1930) 36 Ll L Rep 67

Negligence-Damage to yacht-Alleged improper berthing-Whether berth defective - Onus of proof -

G. P. WILSON & SON, LTD. v. GOUGH'S GENERAL DISTRIBUTING COMPANY, LTD.

(1930) 36 Ll L Rep 74

Contract-Repairs to ship's boiler-Claim in respect of work and labour- Whether excessive - Counterclaim for loss of profits, defendants alleging that repairers were dilatory - Original tender by plaintiffs covering agreed work - Subsequent discoveries that further repairs were necessary-

ANGLO-AMERICAN OIL COMPANY v. MANCHESTER SHIP CANAL COMPANY.

(1930) 36 Ll L Rep 76

Canals-Wharfage charges (Manchester Ship Canal)-Alleged undue preference - Purchase by applicants of sites near canal bank-Erection of works facilitating loading and discharging of oil-Whether a private wharf, exempting applicants from wharfage rates-

THE "GUECHO."

(1930) 36 Ll L Rep 83

Salvage - Services rendered by tugs Standard Rose, Torfrida, Nora, Undaunted and Herculaneum to disabled steamship Guecho in Bristol Channel during extraordinarily heavy weather - Meritorious service by Standard Rose without any effective result - Substantial salvage services rendered by Torfrida and Herculaneum -"Glorified towage" by other tugs -Salved value of Guecho £25,000 - Awards: Torfrida, £1300; Standard Rose, £70; Nora, £90; Undaunted, £30-Herculaneum award settled.

NEAR EAST RELIEF v. KING, CHASSEUR & CO., LTD.

(1930) 36 Ll L Rep 91

Insurance brokers - Policy-Lien-Insurance effected on plaintiffs' goods by defendants as agents for M insurance agency-Loss-Right of defendants to general lien on policy in respect of amounts due to defendants from M agency - Whether defendants had knowledge that M agency were instructing as agents for an undisclosed principal -Marine Insurance Act, 1906, Sect. 53 (2)-

DRUMS, LTD. v. TYNE-TEES STEAM SHIPPING COMPANY, LTD.

(1930) 36 Ll L Rep 96

Charter-party-Unseaworthiness or perils of the sea-Damage to cargo (steel sheets) by sea water-Disappearance of bolt (fixing stanchion to coaming) during voyage-Acknowledged point of weakness in structure-Evidence that bolt was inserted as a temporary measure to replace rivet and that even rivets had worked loose and had broken in six months-

FANOUS v. SHIPTON, ANDERSON & CO., LTD.

(1930) 36 Ll L Rep 99

Brokers-Commission-Sale of wheat by Egyptian Government to Arcos, Ltd., negotiated by defendants as brokers for Egyptian Government-Introduction to Arcos by plaintiff-Commission paid to plaintiff-Allegation by plaintiff that oral agreement was made between plaintiff and defendants that plaintiff should be entitled to commission on further sales to Arcos-Onus of proof-Alleged breach of contract by defendants in negotiating with Arcos on their own behalf-Eight years' lapse of time between alleged agreement and trial of action-

THE "LLANISHEN."

(1930) 36 Ll L Rep 103

Salvage - Services rendered by tugs Undaunted and The Rose to steamship Llanishen in Cardiff entrance channel in fine weather-Buoy fouled by steamship's propeller - No immediate danger-Plenty of assistance available-Salved values £82,287-£300 awarded.

STURLEY AND OTHERS v. POWELL.

(1930) 36 Ll L Rep 105

BOND v. COMMERCIAL UNION ASSURANCE COMPANY, LTD.

(1930) 36 Ll L Rep 107

ARCOS, LTD., AND THE RUSSO-NORWEGIAN ONEGA WOOD COMPANY v. ARONSON.

(1930) 36 Ll L Rep 108

Contract-Sale of goods-Offer and acceptance -Whether contract completed- Inference to be drawn from correspondence between parties-Price-

AFRICAN & EASTERN (MALAYA), LTD. v. WHITE, PALMER & CO., LTD.

(1930) 36 Ll L Rep 113

THE "OTTO FISCHER."

(1930) 36 Ll L Rep 117

THE "WOODCOCK."

(1930) 36 Ll L Rep 121

Collision between sailing barge Honduras (at anchor) and steamship Woodcock, in Lower Pool, River Thames, during dense fog-Disputed position of Honduras -Duty of Woodcock, under way in dense fog, to take every possible precaution - Damage to Woodcock - Whether due to collision-Damage observed shortly afterwards-

THE "EULER."

(1930) 36 Ll L Rep 124

Collision between steamships Hatimura and Euler in Galleons Reach, River Thames - Hatimura turned down stream after leaving King George V Dock-Euler proceeding up-Disputed position of Hatimura at sighting and at collision-Narrow channel-

THE "GOLETA."

(1930) 36 Ll L Rep 128

Salvage-Services rendered by tugs Standard Rose and Margaret Ham to steamship Goleta in Bristol Channel during very heavy weather - Goleta (with engines disabled and without rudder, in course of being towed to repair port) adrift from tug-Useful and necessary service-Five hours' towage by Standard Rose to Cardiff Roads, Margaret Ham fast astern to assist steering - Value of Goleta £29,000 - Awards: Standard Rose, £850; Margaret Ham, £350.

BENNETT v. "KNOCKFIERNA" (OWNERS).

(1930) 36 Ll L Rep 131

Workmen's Compensation-Jurisdiction of County Court-Accident to seaman on vessel (registered in Irish Free State) while in Canadian waters-Contract of employment entered into in Hull- Arbitration claim by seaman in Hull -Motion by shipowners alleging County Court's want of jurisdiction- Alleged waiver by shipowners-No convention with Irish Free State-

VENICE STEAM NAVIGATION COMPANY, LTD. v. ISPAHANI.

(1930) 36 Ll L Rep 135

Contract-Rescission-Agreement by appellant to ship cargo by respondents' steamship-Action brought by respondents for breach - Breach admitted - Allegation by appellant that contract had been rescinded by mutual consent -Consideration - Inference to be drawn from surrounding circumstances -

THE "CRISTINA."

(1930) 36 Ll L Rep 140

Collision between steamships Seaforth and Cristina in Bristol Channel during dense fog - Whistle signals for fog being sounded by Cristina in accordance with regulations-Failure by Seaforth to sound fog signals - Helm action by Seaforth for Cristina "forward of her beam"-Improper navigation of Seaforth - Seaforth found alone to blame.

AMBLER v. GRAVES-TAGG.

(1930) 36 Ll L Rep 145

Contract-Sale of yacht-Offer and acceptance -Terms of contract-Insurance of yacht by seller-Yacht lost on voyage from Bridlington to Whitstable - Right to insurance moneys-

PRENTICE & CO. v. WOOD.

(1930) 36 Ll L Rep 151

Charter-party-Unseaworthiness-(a) Damage to barley on voyage from Berwick-on-Tweed to Islay during heavy weather-Evidence of repairs that were necessary before sailing and of trouble on voyage -

THE "ASHBY."

(1930) 36 Ll L Rep 155

Collision between steamships Ballena and Ashby in Cristobal Harbour in broad daylight-Ballena backing out astern from pier at right-angles to channel; Ashby proceeding up channel-Duty of each vessel to take care-Dispute as to place of collision-

TEMPUS SHIPPING COMPANY, LTD. v. LOUIS DREYFUS & CO.

(1930) 36 Ll L Rep 159

General average-Claim against cargo-owners for contribution towards ship's expenditure occasioned by spontaneous combustion of bunkers-Best bunker coal -

FIUMANA SOCIETA DI NAVIGAZIONE v. BUNGE & CO., LTD.

(1930) 36 Ll L Rep 171

General average-Claim against cargo-owners for contribution towards ship's expenditure occasioned by spontaneous combustion of bunkers-Best Westphalian coal-Heating prior to outbreaks of fire-Latent defects in appurtenances-York-Antwerp Rules, 1924, Rule D-

DALGETY & CO., LTD. v. THOMAS, GATER, BRADFIELD & CO., LTD.

(1930) 36 Ll L Rep 178

Sale of goods (c.i.f.)-Refusal by buyers to take up documents-Discrepancy between bill of lading dates in notice of appropriation and in provisional invoice-London Corn Trade Association Contract, No. 14-Appropriation clause-"If vessel is named in contract no appropriation shall be deemed to be necessary"-Shipment to be made by the steamship L or the steamship C D-Necessity for notice of appropriation - Arbitration - Award - Finding by arbitrators and by appeal committee that notice of appropriation was necessary and that in view of the discrepancy the buyers were entitled to reject the documents - Finding upheld.

IN RE OVERSEAS MARINE INSURANCE COMPANY, LTD.

(1930) 36 Ll L Rep 183

Insurance - Reinsurance - P.P.I. - Reinsurers in liquidation-Liquidator's rejection of insurers' proof in respect of a contingent liability-Meaning of "contingent liability"-Marine Insurance Act, 1906, Sect. 4 (2) (b)-

THE "SENATORE D'ALI."

(1930) 36 Ll L Rep 185

Collision between steamships Ledbury and Senatore d'Ali off the coast of Portugal during foggy weather-Disputed courses and signals-

THE "PHAROS."

(1930) 36 Ll L Rep 189

Salvage-Services rendered by steamship Marchioness of Bute to disabled tug Pharos off the coast of Portugal-23 miles towage to Lisbon, occupying 11 hours-Short and comparatively small service-Risk to towing vessel if hawser parts-Disabled vessel in track of shipping-Evidence that, danger not being acute, other vessels had declined to assist-"Awards must not be on such a basis that all other ships would be encouraged to proceed on their voyages rather than render assistance to a vessel wanting to be towed"-£1070 (including £70 for loss of gear and port charges) awarded on salved value of £27,000.

THE "KRONBORG."

(1930) 36 Ll L Rep 192

Collision between motor vessel Balboa and steamship Kronborg off Dungeness during foggy weather-50 per cent admission of liability by Balboa- Collision Regulations, Art. 16-Balboa found to blame for excessive speed; failure to stop; and alteration of course-Kronborg found to blame for excessive speed; failure to stop; acceleration of speed at critical time- Apportionment: Balboa, three-fifths; Kronborg, two-fifths-Special order as to costs refused.

SHEAF STEAMSHIP COMPANY, LTD. v. COMPANIA TRASMEDITERRANEA.

(1930) 36 Ll L Rep 197

Collision - Scotland - Jurisdiction of Sheriff Courts-Forum non conveniens -Action brought by English shipowners in Sheriff Court of Dumbarton -Appeal-Arrestment ad fundandam jurisdictionem-Defenders' pleas (1) that Sheriff Court had no jurisdiction; (2) forum non conveniens-Construction of Sheriff Court Acts, 1907 and 1913-

POWER v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.; SAVAGE v. SAME.

(1930) 36 Ll L Rep 205

Master and servant-Claims by shipmaster and chief officer for damages for wrongful dismissal - Summary dismissal by shipowners-Vessel's hold flooded-Cargo damaged-Master notified by second officer that vessel was 2 ft. down by the head-Failure of master immediately to inquire as to the cause-Evidence that master's delay did not affect the quantum of damage- Breach of regulations by first officer in failing to take each day a certain number of soundings of the wells-Construction of contract of service-Oral agreement-Issue from time to time of shipowners' circulars relating to pensions and leave pay-

IN RE HENRY LEETHAM & SONS, LTD. (APPLICATION OF THE WILSTON STEAMSHIP COMPANY, LTD.).

(1930) 36 Ll L Rep 222

Bill of lading-Damage to cargo-Unseaworthiness or perils of the sea-Claim by shipowners for balance of freight- Liquidation of receivers - Shipowners' proof rejected on account of cross-claim by receivers for cargo damage - Accord and satisfaction - Arbitration clause restricting time to claim-

KOLBIN & SONS AND OTHERS v. KINNEAR & CO., LTD., AND OTHERS (THE "ALTAI"); SAME v. UNITED SHIPPING COMPANY, LTD. (THE "EDUARD WOERMANN").

(1930) 36 Ll L Rep 225

(1) Conversion-Damages-Claim against ship's agents by owners and shippers (pre-Soviet Russian partnership) in respect of goods delivered to A without production of bills of lading-Consignment "unto order of War Office for account of (pursuers) or to his or their assigns"-Delivery of goods to A (as pursuers' agent) for transfer to War Office-Price paid by War Office to A and retained by him-Bankruptcy of A-pursuers' title to sue-International law-Effect of Soviet decrees -Whether Soviet Government should have been joined as pursuers-Registration of partnerships-Whether pursuers deprived of status-Extraterritorial effect of decrees-Plea of mora- Interest. (2) Conversion-Damages-Claim against ship's agents by owners of goods (pre-Soviet Russian partnership)-Goods dispatched by the defenders from Archangel to England admittedly in pursuers' interests-Goods disposed of to A (as pursuers' agent)-Defenders as negotiorum gestores-Goods sold by A and the price retained by him - Bankruptcy of A - Pursuers' title to sue - International law - Effect of Soviet decrees - Whether Soviet Government should have been joined as pursuers-Registration of partnerships -Whether pursuers deprived of status - Extraterritorial effect of decrees - Plea of mora - Interest.

THE "FABIA" AND THE "IKANOPIT."

(1930) 36 Ll L Rep 257

Collision between tug Fabia and sailing barge Invicta in Limehouse Reach, River Thames-Invicta at anchor- Fabia overtaking motor tug Ikanopit -Sudden starboarding by Ikanopit across Fabia's course-Collision due to action taken by Fabia to avoid running down Ikanopit-Ikanopit found alone to blame.

THE "NORDLAND."

(1930) 36 Ll L Rep 260

Negligence-Damage to vessel during loading -Claim against stevedores-Slipping of steel rods from sling of vessel's winch-Whether due to insecure fastening in sling by stevedores or to negligence of winchman (shipowners' servant)-

THE "HEKTOR."

(1930) 36 Ll L Rep 264

Salvage-Services rendered by steam trawler Teresa to steamship Hektor, stranded near Denia-Wether the trawler was an effective unit in helping to refloat Hektor-Damage to hawser and engines-Depreciation in value of fish cargo-Deposit paid by owners of Hektor to release vessel-Wether sufficient -Practice-Trial upon documents, &c.-Necessity for production of all documents-

W. NAUMANN v. EDWARD NATHAN & CO., LTD.

(1930) 36 Ll L Rep 268

Arbitration-Award-Motion to set aside -Sale of goods (cassia oil)-Dispute as to quality-Alleged misconduct of arbitrator in conduct of arbitration- "Any dispute arising from this contract to be settled by arbitration in London in the usual way as soon as it may arise"-Meaning of "in the usual way"-

CHARTER SHIPPING COMPANY, LTD. v. BOWRING, JONES & TIDY, LTD.

(1930) 36 Ll L Rep 272

General average-Claim against cargo-owners for contribution-Counterclaim for return of deposit-Grounding of vessel and subsequent refloating-York-Antwerp Rules, 1890, Rule VII- Damage to machinery, boilers, &c., "in endeavouring to refloat" - Alleged unseawortthiness-

LLOYD DEL PACIFICO v. BOARD OF TRADE.

(1930) 36 Ll L Rep 276

Arbitration-Costs-Sale of ship by Shipping Controller to Italian shipowners -Alleged breach of warranty - Umpire's finding in favour of purchasers, vendors to pay purchasers' costs-Case stated-Award set aside and judgment entered in favour of vendors-Purchasers' appeal dismissed -Refusal by umpire to vary his order as to costs of hearing before him and of award-Extension of time for moving to set aside umpire's decision.

IN RE CITY EQUITABLE FIRE INSURANCE COMPANY, LTD.

(1930) 36 Ll L Rep 277

Insurance-Reinsurance-Treaties between A and B companies-Provisions for issue of policies-Compulsory liquidation of A company-Claim by B company -B company's proof rejected by liquidator-Alleged compromise-

THE "HIGHLANDER."

(1930) 36 Ll L Rep 283

Collision between steamships Elsa Koppen and Highlander in Newcastle Reach, River Tyne - Elsa Koppen proceeding down; Highlander turning in river- Duty of vessel turning to have regard to vessels navigating up and down - Whether Highlander gave turning signal in time and whether she acted at a safe distance -

THE "CLARISSA RADCLIFFE" (No. 1).

(1930) 36 Ll L Rep 287

Salvage-Services rendered by tugs Spread Eagle and New Stormcock to steamship Clarissa Radcliffe in Gravesend Reach, River Thames - Clarissa Radcliffe without anchors but under control- Vessel taken charge of by tugs and moored to buoy-Strong wind, with squalls-

THE "LILBURN."

(1930) 36 Ll L Rep 292

Navigation, Negligent - Sinking of plaintiff's motor launch T.Y. in Hudson Dock North, Sunderland - Launch moored to another vessel at quay - First defendants' steamship Lilburn entering dock-Collision between Lilburn and second defendants' raft of timber, causing impact between raft and T.Y., sinking T.Y. - Whether Lilburn and raft were jointly negligent -

THE "NEWBY HALL."

(1930) 36 Ll L Rep 296

Salvage-Services rendered by tug Portwey to steamship Newby Hall off Durlstone Point, English Channel - Port boiler disabled-Eleven miles towage to Portland - Simple but efficient service - £600 awarded on salved values of £61,000.

THE "CLARISSA RADCLIFFE" (No. 2).

(1930) 36 Ll L Rep 298

Collision between steamships Frida and Clarissa Radcliffe in the Downs-Frida at anchor - Clarissa Radcliffe endeavouring to anchor - Partial disablement - Plea of "inevitable accident" -

THE "AFIENA."

(1930) 36 Ll L Rep 301

Salvage-Services rendered by motor boat Thanet Queen to motor vessel Afiena off Margate-Afiena in sinking condition - Salvage pump obtained by Thanet Queen - Temporary beachings and subsequent towage into Margate Harbour (assisted by another vessel)- Vessel saved from almost certain total loss-£450 awarded on salved values of £2200.

THE "STEINSTAD."

(1930) 36 Ll L Rep 304

Collision between steamships Colonial and Steinstad in Cardenas Bay - Both vessels originally at anchor-Dragging during squall-Disputes as to relative positions and as to which vessel dragged - Evidence of action taken by Steinstad immediately before collision -

THE "BATAVIER V."

(1930) 36 Ll L Rep 306

Navigation, Negligent - Damage to plaintiffs' tank barge Leopard due to wash of defendants' steamship Batavier V - Whether Batavier V was proceeding at excessive speed-

THE "CISS."

(1930) 36 Ll L Rep 308

Practice - Limitation proceedings - Approval of typewritten pleadings.

C. T. BOWRING & CO., LTD., AND ANOTHER v. AMSTERDAM LONDON INSURANCE CO., LTD.

(1930) 36 Ll L Rep 309

Insurance (marine) - Claim - Damage to parcels of ground nut kernels - "To pay average and/or damage from sweating and/or heating when resulted from external cause if amounting to 3 per cent. on each bag or on the whole"-Considerable "heating" and "sweat" damage found on delivery- Whether due to inherent vice-Evidence of surveys before shipment and after delivery; of the abnormally wet season in which the nuts were shipped - Whether damage due to proximity of other cargo-Scientific evidence - Inference to be drawn from character of damage -

Lloyd's Law Reports