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BURRARD INLET TUNNEL & BRIDGE COMPANY v. "EURANA" (OWNERS).

(1931) 39 Ll L Rep 1

Public nuisance-Interference with navigation -Erection of bridge over Second Narrows, Vancouver Harbour - Collision between steamship and bridge- Damage to steamship and to bridge- Claim and counterclaim - Finding of lower Courts that the collision was an inevitable accident; that the bridge was an interference with navigation, but that the bridge, as erected, was authorised by statute -Claim and counterclaim dismissed - Burrard Inlet Tunnel & Bridge Company Act, 9 & 10 Edward VII, cap. 74-Railway Act (Revised Statutes of Canada, 1927, cap. 170)- Construction-

THE "ERNEST & ADA."

(1931) 39 Ll L Rep 6

Negligence-Damage to plaintiffs' barge at defendants' berth-Finding that berth was unfit and that a barge of the type in question could not berth there without risk of destruction-Warning given by defendants' agent that berth was a "funny" berth and that a hole had been ploughed up by steamships in an adjacent berth-

THE "CARGAN."

(1931) 39 Ll L Rep 10

Collision between barges Betal and Winifred Abel (in tow of tug Gretadale) and steamship Cargan in River Mersey -Tug and tow stemming tide off Wallasey Pier-Cargan emerging from Morpeth Dock-Negligence of Cargan -Endeavour by tug after collision to get barges into shallow water-Subsequent collision between barges and Wallasey Pier - Whether due to original negligence of Cargan-

THE "ESKBRIDGE."

(1931) 39 Ll L Rep 12

Jurisdiction-High Court-Claim by shipowners (domiciled in England) for freight-Writ in rem served upon part of bulk cargo - Motion by cargo-owners to set aside writ-Supreme Courts of Judicature (Consolidation) Act, 1925, Sect. 22 (1) (a) (xii)-

THE "ELKHOUND."

(1931) 39 Ll L Rep 15

Salvage-Services rendered by tugs Sun IV and Sun XII to oil tanker Elkhound on fire off Thames Haven-Vessel towed out to sea and held until fire burnt itself out-Probability of explosion of cargo and of total destruction of vessel -Meritorious services-£5000 awarded on salved values of £13,300.

(The following opinion is reprinted, with acknowledgments, from [1931] A.M.C. 12.) THE "TASHMOO."

(1931) 39 Ll L Rep 19

Salvage-Services rendered to vessel Tashmoo by member of crew (workaway employed as pantryman on voyage from San Francisco to New York)-Vessel disabled and drifting off shore and out of the track of shipping-Vessel not required to carry wireless, but in fact carrying wireless not connected up- Wireless set fixed up by libellant, at some risk to himself, at order of master, and communication effected with salving vessel-Right of libellant to salvage award-

THE "ST. ALBANS."

(1931) 39 Ll L Rep 23

Evidence-Photographs-Collision between motor vessel Crown City and steamship St. Albans in Sydney Harbour-Claim by Crown City-Dispute as to place of collision - Lower Court's finding in favour of Crown City-Appeal by St. Albans-Admission of evidence of land surveyors based on certain photographs of colliding vessels taken before, at, and after collision-Lower Court's finding reversed - Admissibility of evidence -

THE "FIUMANA."

(1931) 39 Ll L Rep 32

Collision between motor vessel Bullmouth and steamship Fiumana in the Bosphorus -Bullmouth leaving Constantinople; Fiumana proceeding down Bosphorus - Bullmouth's helm ported to reach starboard side of channel - Proper helm signals blown-Dispute as to Fiumana's lights - Whether the Fiumana (as being a vessel "in transit," i.e., passing Constantinople) was exhibiting a red globular lantern - Starboarding by Fiumana - Allegation that fairway was restricted by vessels anchored in mid-stream - Whether the Bosphorus is a narrow channel - Collision Regulations, Arts. 25, 28 -

THE "GLITTRE."

(1931) 39 Ll L Rep 38

Collision between steamship Lady Lewis and motor vessel Glittre in Buenos Ayres entrance channel - Lady Lewis proceeding down north channel; Glittre proceeding down south channel; vessels meeting in main channel-Glittre overtaking the Lady Lewis-Duty of Glittre under local rule to ask permission to pass and to await assent by the Lady Lewis-No assent given-

FLATAU, DICK & CO. v. KEEPING.

(1931) 39 Ll L Rep 42

Brokers-Sale of goods-Timber sold by A (undisclosed foreign principal) through plaintiffs (brokers) to defendant -Bills of lading and own delivery order and invoices handed by brokers to defendant-Price pail by brokers to A-Right of brokers to sue defendant for price - Alleged custom of Baltic hardwood trade that buyer in such circumstances becomes responsible to broker-

CROWN v. LIVERPOOL GRAIN STORAGE & TRANSIT COMPANY, LTD.; SAME v. MERSEY DOCKS AND HARBOUR BOARD.

(1931) 39 Ll L Rep 45

Rating - Freight-transport hereditaments -Rating and Valuation (Apportionment) Act, 1928, Sects. 5 (1) (c), 6 (3) (b) - Construction - Appeals by Crown against derating of granaries dismissed-Appeals by Crown against derating of various warehouses allowed.

LEE CONSERVANCY BOARD v. CROWN.

(1931) 39 Ll L Rep 47

Rating - Freight-transport hereditaments -Rating and Valuation (Apportionment) Act, 1928, Sects. 5 (1) (b), 6 (3) - Construction - Canal buildings occupied by canal company's employees and their families-Dwelling-houses- Derating refused.

CALICO PRINTERS' ASSOCIATION, LTD. v. BARCLAYS BANK, LTD.

(1931) 39 Ll L Rep 51

Banking - Contract - Negligence - Consignment of plaintiffs' goods to Beyrout-Drafts and documents of title presented to English bank for collection through foreign bank (nominated by plaintiffs), documents to be released on payment of drafts by consignees -"Please do your best on our behalf to warehouse and insure them against fire" - Condition: "Collections are undertaken at depositors' risk only, on the understanding that no liability whatever attaches to the bank in connection therewith or with the storage and insurance of the relative goods"- English bank's instructions to foreign bank: "Surrender documents on payment. If refused, warehouse and insure goods"-Goods destroyed by fire at Beyrout before drafts paid and without insurance having been effected- Claim by plaintiffs against English and foreign banks for breach of contract and/or duty-Right of English bank to rely upon conditions-Ambiguity- Repugnancy-"Deviation" - Finding of trial Judge that the foreign bank were negligent in failing to insure or in failing to inform the English bank of the position, but that there was no privity between the plaintiffs and the foreign bank and that therefore the claim against the foreign bank failed; and that the English bank were protected by the condition of the contract -Appeal by plaintiffs against judgment in favour of English bank-

THE "MODAVIA."

(1931) 39 Ll L Rep 58

Salvage - Services rendered by tug Lady Brassey to motor vessel Modavia ashore near Dover - Very valuable property - Short service - No personal risk to salvors - Tug part of expensive service maintained by harbour board for salvage and similar purposes - £5000 awarded on salved values of £168,066.

THE "BORDERLAND."

(1931) 39 Ll L Rep 62

Collision between steamships Claretta and Borderland off the Longships Light during dense fog - Claretta sunk - Evidence of surveyor as to speed of Borderland -

J. H. WETHERALL & CO., LTD. v. LONDON ASSURANCE.

(1931) 39 Ll L Rep 66

General average - Repairs executed after termination of voyage - Claim by shipowners for time hire lost - York-Antwerp Rules, rr. C, X (d), XI, XVIII - Marine Insurance Act, 1906, Sect. 66 -

NATIONAL PROVINCIAL BANK, LTD. v. H. J. WHITE & CO., LTD.

(1931) 39 Ll L Rep 69

Warehousemen - Conversion - Lien - Pledge of documents to bank-Claim by pledgees against warehousemen - Whether warehousemen entitled to exercise a general lien on goods covering pledgors' liability to them-

SHAW, SAVILL & ALBION COMPANY, LTD. v. BOARD OF TRADE.

(1931) 39 Ll L Rep 75

Ship-Requisition-War risk insurance- Vessel building-Requisition before completion-Government service immediately on completion-Vessel entered in insurance associations - Entry into associations (by rules) ante-dated- Liability of shipowners for calls made by associations in respect of accounting period back to entry date-Claim by shipowners against Government- Whether calls should be apportioned between shipowners and Government- Heads of Arrangement (Liner Requisition Scheme), Clause 5, (G) (e): (I) (3) "Such deficiency shall be deemed to have accrued during such period from day to day. The amount chargeable in the account shall be such proportion of the amount ascertained . . . in respect of each vessel as is attributable to the part of the period after the date upon which the vessel came on hire to the Government" - Construction -

THE "NUTHATCH."

(1931) 39 Ll L Rep 81

Collision between barges Perch and Hanson (in tow of tug Rocott) and steam trawler Nuthatch in Limehouse Reach, River Thames - Speed of Nuthatch - Whether Nuthatch starboarded or whether barges swung -

JOSEPH GREEN v. ARCOS, LTD.

(1931) 39 Ll L Rep 84

Sale of goods - Rejection (timber) - Arbitration - Award in favour of sellers - Case stated - "Buyers shall not reject the goods herein specified but shall accept or pay for them in terms of contract against shipping documents" - Variation in quantity of timber tendered in excess of permitted 10 per cent. - Sale of Goods Act, 1893, Sect. 30 -

SOUTH AFRICAN RESERVE BANK v. M. SAMUEL & CO., LTD.

(1931) 39 Ll L Rep 87

Banking - Letter of credit - Anticipatory advances made by plaintiffs to X under letter of credit issued by defendants - Terms of letter of credit - Duty of plaintiffs accurately to conform with terms - Plaintiffs not liable for misapplication by X - Certificates tendered not in accordance with terms of letter of credit requiring warehouse certificates - Suggestion that no such certificates were issued as required by letter of credit-

T. M. DUCHE & SONS, INC., AND OTHERS v. CIA. TRASATLANTICA.

(1931) 39 Ll L Rep 97

Bill of lading - Short delivery (boxes of shelled almonds) - Receipt acknowledged of 500 boxes of shelled almonds - Indorsement: "Weight and contents unknown" - Shipment and delivery of boxes smaller than standard boxes - No shortage - Liability of shipowners - Estoppel -

FOSCOLO, MANGO & CO., LTD., AND H. C. VIVIAN, LTD. v. STAG LINE, LTD.

(1931) 39 Ll L Rep 101

Bill of lading-Deviation-Loss of ship and cargo by perils of the sea-Vessel bound from Swansea to Istanbul with coal-Course altered for St. Ives to land engineers (on board to superintend working of super-heater)-Vessel wrecked soon after leaving St. Ives- "With liberty to sail without pilots, to call at any ports in any order, for bunkering or other purposes or to make trial trips after notice or adjust compasses all as part of the contract voyage . . ."-Construction-Ejusdem generis rule-Carriage of Goods by Sea Act, 1924, Schedule, Art. IV (4): "Any reasonable deviation shall not be deemed to be an infringement or breach of these rules or of the contract of carriage. . . ." - Meaning of "reasonable" deviation-Claim by sellers and buyers under c.i.f. contract -Measure of damages where buyers had not received documents at time of loss-

THE "ABERHILL."

(1931) 39 Ll L Rep 116

Salvage-Services rendered by tugs Norman, Marksman, Pinky and Biddy to steamship Aberhill seriously damaged by collision off Spurn Light-vessel -Vessel towed and beached at Clee Ness-Danger of sinking-Towing and pumping services-Vessel refloated and towed after temporary patching to Immingham - £3500 awarded on salved values of £12,250.

THE "CISS."

(1931) 39 Ll L Rep 123

Practice-Limitation proceedings-Order extending time for bringing in claims -Mistake in drawing up order- Whether time was so extended as to admit new claimants on fund-

THE "BLAIRESK."

(1931) 39 Ll L Rep 125

Collision between steamships Astra and Blairesk in Leningrad sea canal- Astra inward bound; Blairesk outward bound-Narrow channel-Excessive speed of Blairesk-Blairesk's contact with south bank, throwing her across into Astra's water-Inability of Astra to avoid collision-Blairesk found alone to blame.

BAXTER BROS. & CO., LTD. v. EASTERN & OVERSEAS PRODUCTS, LTD., AND HILL & RENNY.

(1931) 39 Ll L Rep 129

Contract-Oral acceptance-Offer by second defendants (brokers for first defendants) to plaintiffs - Authority of brokers-Claim against first defendants for breach of contract; alternatively against second defendants for breach of warranty of authority-Suggestion of shipment date made by plaintiffs concurrently with acceptance - Whether amounting to a counter-offer - Whether a sufficient note or memorandum in writing -

THE "CABO HUERTAS."

(1931) 39 Ll L Rep 133

Collision between motor vessel Araya Mendi and steamship Cabo Huertas in Guadalquivir River-Araya Mendi bound down; Cabo Huertas bound up - Narrow channel - Ebb tide - Improper attempt by Cabo Huertas to navigate on her port side of the channel -Whether sufficient indication of her intentions given by Cabo Huertas and whether Araya Mendi justified in pursuing her course diagonally across channel to reach her proper side-

THE "VICTORIA."

(1931) 39 Ll L Rep 137

Collision between steamship Trevilley and motor vessel Victoria in north channel, Buenos Ayres - Trevilley bound up; Victoria bound down - Sheer by Trevilley into Victoria - Negligence of Trevilley in failing to employ tug -

THE "TAUNTON."

(1931) 39 Ll L Rep 141

Collision between steamships Yewtree and Taunton in Lower Hope Reach, River Thames - Yewtree bound down; Taunton bound up-Dispute as to place of collision-Thames By-laws, 1914-1926, Rule 33-Duty to pass port to port "unless the special circumstances of the case make departure from this by-law necessary"-Vessels green to green-Porting by Yewtree-

GENERAL ASPHALT COMPANY, LTD. v. ANGLO-SAXON PETROLEUM COMPANY, LTD.

(1931) 39 Ll L Rep 148

Contract - Company law - Plaintiff and defendant companies engaged in joint venture in exploitation of oil - Joint venture terminated and different arrangement substituted - Agreement between defendant company and plaintiff company that defendant company "will use such rights as it may possess and such influence as it can exercise to procure the Colon [in which defendants held a controlling interest] to deliver to them [plaintiffs] or as they may from time to time in writing direct during the life of the Vigas concession" a certain percentage of the crude oil produced from that concession- Construction - Whether contrary to doctrine that influence of majority shareholders may not be used to prejudice of minority shareholders-

THE "MARIA N. ROUSSOU."

(1931) 39 Ll L Rep 153

Salvage-Services rendered by tug Wild Rose to steamship Maria N. Roussou off Barry Island-Steamship, with both anchors down, dragging ashore - Towage off shore-Tender of £100- £500 awarded on salved values of £13,400.

THE "UMBERLEIGH."

(1931) 39 Ll L Rep 155

Salvage-Claims (1) by tugs Trevol, Alexandra and Boarhound and (2) by tug Retort for services rendered to steamship Umberleigh ashore off Rams Cliff Point, Plymouth Harbour - Vessel lying broadside on rocks, in very dangerous position-Bad weather -Inference to be drawn from fact that vessel, ashore only for one tide, was damaged to the extent of one-fifth of her valve-Value of salving tugs to be taken into account in assessing awards-Salved value of Umberleigh: £40,000-Awards: Trevol, Alexandra and Boarhound, £2200; Retort, £650- Separate representation by two Counsel allowed.

THE "WEST CELERON."

(1931) 39 Ll L Rep 160

Overtaking collision between steamships Horsley and West Celeron in Greenwich Reach, River Thames-Both vessels inward bound-Horsley, having signalled, ready to turn - Horsley twice struck by West Celeron-Thames By-laws, 1914-1926, Rules 37, 38- Respective duties of overtaken and overtaking vessels-

SOCIETA LIGURE DI ARMAMENTO v. JOINT DANUBE & BLACK SEA SHIPPING AGENCIES, OF BRAILA.

(1931) 39 Ll L Rep 167

Charter-party - Demurrage - Dispatch money - "Dancon" charter - "(4) Cargo shall be loaded at the average rate of 450 units per runing day . . . Time for loading to count from the morning after steamer's arrival and report at the customs . . . and written notice of readiness given . . . (5) Orders for first loading port shall be given within six working hours of receipt of written notice of steamer's arrival at Sulina . . . (6) If by reason of [the steamer being detained waiting for orders over and above six hours] the steamer is prevented reaching her loading port the charterers shall pay demurrage for each day the steamer is detained over the said hours, whether ultimately loaded or not . . . (9) If the steamer be longer detained than the time stipulated above, demurrage shall be paid day by day at the rate of £30 per running day . . . (29) For all time saved in loading steamer to pay £15 per day dispatch money . . ." - Arrival of vessel at Sulina - Delay of 4 days 17 hours awaiting orders - Orders given to proceed to Braila - Vessel allowed 1712 days to load - Actual time taken 934 days - Whether charterers entitled to add the period of delay awaiting orders at Sulina to the lay days used at Braila - Umpire's award in favour of shipowners' contention that, as for the delay awaiting orders, they were entitled to damages for detention, irrespective of the time saved in loading -

NEDERLANDSCHE HANDELMAATSCHAPPIJ v. STRATHLORNE STEAMSHIP COMPANY.

(1931) 39 Ll L Rep 171

Bill of lading-Conversion-Delivery of cargo without production of bills of lading-Cargo consigned by A to B- Bills of exchange drawn by A on B- Acceptance by B - Advance by pursuers to B (on security of documents) -Cargo delivered by ship to C without production of bills of lading-B sued by pursuers on bills of exchange-Judgment in favour of pursuers unsatisfied - Claim by pursuers against ship - Election - Measure of damages - Interest -

THE "CANADIAN MARINER."

(1931) 39 Ll L Rep 179

Collision between steamships Aud and Canadian Mariner in English Channel during dense fog - Admission of liability by Canadian Mariner - Excessive speed and failure to stop on hearing forward of her beam the whistle of the Aud-Whether Aud also to blame -

THE "LOLIN."

(1931) 39 Ll L Rep 182

Salvage or towage - Claim by tugs Huskisson, Alfred and Toxteth for salvage services alleged to have been rendered to steamship Lolin in Garston channel-Tugs Huskisson and Alfred engaged to tow vessel-Wether Lolin grounded in channel and whether Toxteth was engaged, with the Huskisson and Alfred already connected, to tow Lolin off-Line to be drawn between towage and salvage-

THE "GUSTAF WASA."

(1931) 39 Ll L Rep 189

Collision between steamships Homefire and Gustaf Wasa off Regent's Canal Dock entrance, River Thames-Homefire, a passing vessel having caused her to drag her anchor, attempting to regain her position by heaving on her starboard anchor chain - Gustaf Wasa bound up - Duty of Homefire to have stopped her manoeuvres on seeing the Gustaf Wasa-Duty of Gustaf Wasa to have stopped when she became aware of the manoeuvres of the Homefire-Vessels found equally to blame.

THE "ANNA MAZARAKI."

(1931) 39 Ll L Rep 194

Salvage-Services rendered by tugs Nora, Tenacious and Wild Rose to steamship Anna Mazaraki aground in Cardiff entrance channel - Vessel refloated - Dispute as to manner in which vessel was stranded -

ARMOUR & CO. v. GREEN STAR STEAMSHIP CO., LTD. (THE "ANDREE.")

(1931) 39 Ll L Rep 199

FORNYADE REDERIAKTIEBOLAGET COMMERCIAL v. BLAKE & CO. AND OTHERS.

(1931) 39 Ll L Rep 205

Charter-party - Damages for detention - Discharge of timber - Vessel to proceed to Garston "or so near thereunto as she may safely get" - Requisition by consignees that vessel should discharge timber into domestic wagons (involving storage and sorting at Garston) - Notification by dock company that vessel would be permitted to dock only if discharge into main line wagons was sanctioned, discharge into domestic wagons not being available owing to congestion at the docks - Both methods of discharge "customary"-Respective duties of shipowners and consignees - When vessel becomes an "arrived" vessel-

GREEN STAR SHIPPING CO., LTD. v. LONDON ASSURANCE AND OTHERS.

(1931) 39 Ll L Rep 213

Insurance (marine) - General average expenditure - Fire on board steamship Andree at New York involving general average expenditure by owners - Net value of cargo left at New York: 18,000 dols. - Voyage proceeded with after repairs - Collision - Voyage abandoned at Philadelphia after further general average expenditure incurred-(1) Policy covering hull and machinery (incorporating Institute Time Clauses) - (2) Policy taken out after fire but before collision covering cargo's proportion of general average disbursements-Vessel also insured with club covering cargo's proportion of general average not otherwise recoverable - York-Antwerp Rules, 1890 - According to law of Philadelphia owners of property not liable to pay more than salved value - Salved value of cargo less than cargo expenditure - Apportionment of balance between various risks-

SCHAUER v. W. K. WEBSTER & CO. AND OTHERS.

(1931) 39 Ll L Rep 221

Ship - Loss by collision - Damages recovered paid to defendants (acting for plaintiff) - Defendants also acting as underwriters' representatives - Authority of defendants as plaintiff's agents - Failure of defendants to pay over to plaintiff moneys received - Right of underwriters to moneys recovered - Subrogation - French law held similar to English law-Payment by underwriters as an essential qualification -

JYDSK ANDELS-FODERSTOFFORRETNING v. GRANDS MOULINS DE PARIS.

(1931) 39 Ll L Rep 223

Sale of goods - Rejection - C.i.f. sale of 400 tons of 1000 kilos of bran - "Payment: Net against documents (invoices, certificates of weights, complete set of bills of lading and policy of insurance) . . ."-Option of sellers to load 10 per cent. more or less - Invoice requesting payment for 440 tons; weight certificates showing gross weight of 441.147 tons - Rejection by buyers -

JOSEPH GREEN v. ARCOS, LTD.

(1931) 39 Ll L Rep 229

Sale of goods-Rejection (timber)-Arbitration -Award in favour of sellers-Case stated - "Buyers shall not reject the goods herein specified but shall accept or pay for them in terms of contract against shipping documents"-Variation in quantity of timber tendered in excess of permitted 10 per cent.-Sale of Goods Act, 1893, Sect. 30-

FLATAU, DICK & CO. v. KEEPING.

(1931) 39 Ll L Rep 232

Brokers-Sale of goods-Timber sold by A (undisclosed foreign principal) through plaintiffs (brokers) to defendant -"Payment one month after date of arrival of vessel"-Bills of lading and own delivery order and invoices handed by brokers to defendant-Price paid by brokers to A-Lien-Right of brokers to sue defendant for price- Alleged custom of Baltic hardwood trade that buyer in such circumstances becomes responsible to broker -

THE "LAVINIA."

(1931) 39 Ll L Rep 237

Collision between steamships Bernicia and Lavinia in Lower Pool, River Thames, in broad daylight - Bernicia, having crossed the river from a wharf on the northern side, straightening in the river for her course down river- Lavinia, hampered by craft in the river, proceeding up on her port side of the river-Collision in Bernicia's water- Respective duties under regulations- Thames By-laws, 1914-1926, Rules 33, 34 -

THE "WEST CELERON."

(1931) 39 Ll L Rep 247

Overtaking collision between steamships Horsley and West Celeron in Greenwich Reach, River Thames - Both vessels inward bound-Horsley struck twice by West Celeron-West Celeron found to blame for collision damage- Helm action by Horsley and collision both factors contributing to the turning of the Horsley's head to starboard- Grounding of Horsley - Damage - Whether a proximate result of the collision -Inference to be drawn from fact that tug, attendant upon West Celeron, also grounded-

SHARP v. THAMES STEAM TUG & LIGHTERAGE CO.

(1931) 39 Ll L Rep 249

Negligent navigation-Claim in respect of personal injuries by master of sailing barge Vicunia - Vicunia, proceeding down Royal Albert Dock, overtaken by tug Constance, towing barges-Vicunia forced into contact with lighter moored in dock - Master's wrist broken in endeavour to protect his vessel from damage-

THE "RING."

(1931) 39 Ll L Rep 251

Practice-Solicitor's undertaking-Claim by cargo-owners against foreign ship- Threat to arrest - Undertaking by solicitors representing ship to accept service, appear and provide bail on behalf of ship-No writ issued for over six months-Proceedings taken, in the meantime, by other claimants and vessel ordered to be sold-Whether solicitors still bound by their undertaking-

THE "ROSE DUNCAN."

(1931) 39 Ll L Rep 253

Collision between steam drifters Lichen and Rose Duncan off the Isle of Mull in broad daylight-Lichen inward bound; Rose Duncan outward bound-Dispute as to manoeuvres-No whistle signals blown-Failure of Rose Duncan, collision being imminent, to reverse-Both found to blame - Apportionment: Lichen, two-fifths; Rose Duncan, three-fifths.

PRODUCE BROKERS NEW COMPANY (1924), LTD. v. WRAY, SANDERSON & CO., LTD.

(1931) 39 Ll L Rep 257

Sale of goods (c.i.f.)-Loss of oil during delivery from sellers' ship to buyers' barge-"Buyers to pay 98 per cent. of provisional invoice amount in exchange for shipping documents and/or approved delivery order on arrival of steamer in Hull. Balance to be paid or refunded as soon as possible after delivered weight is ascertained . . . Buyers guarantee to take delivery with customary quick dispatch. The steamer to pump into buyers' tank barges at sellers' expense"-Passing of property -Sale of Goods Act, 1893, Sect. 20 -Whether loss of oil fell upon sellers or buyers-

BRADLEY v. LONDON & NORTH EASTERN RAILWAY COMPANY.

(1931) 39 Ll L Rep 263

Workmen's compensation-Claim by shipworker -Claimant suffering from gastritis after working near hold impregnated with disinfecting sulphur fumes -Fumes not ordinarily present during claimant's employment - Whether it was proved before the learned County Court Judge (1) that there was a causal connection between the accident and the injury in regard to time and place; (2) that the element of "accident" was present-Evidence that claimant was of perfectly good and sound physique; that claimant's illness was due to sulphur fumes; and that other workmen in the vicinity were not affected-

THE "COLON."

(1931) 39 Ll L Rep 268

Salvage-Services rendered by steamship Manxsona to steamship Colon aground off Point of Ayre, Isle of Man, during dense fog-Colon refloated at high water-Risk to Manxsona in leaving Ramsey Harbour in weather prevailing -Manxsona as the only available help on that tide-Colon in a position of peril - Tender of £300 - Salved values: £35,000-Award: £750.

THE "GOUVERNEUR GENERAL PAUL DOUMER."

(1931) 39 Ll L Rep 270

Collision between steamships Solviken and Gouverneur Général Paul Doumer in Swatow Harbour in broad day-light - Solviken entering harbour entrance; Gouverneur Général Paul Doumer manoeuvring on northern side of channel preparatory to proceeding outwards - Narrow channel - Gouverneur Général Paul Doumer obviously in difficulties - Starboarding by Solviken-Way reduced -

LEMOS v. BRITISH & FOREIGN MARINE INSURANCE COMPANY, LTD.

(1931) 39 Ll L Rep 275

Insurance (marine)-Loss of vessel by stranding on Hoeven Rock, Axim Bay -Claim-Defence that vessel was deliberately stranded by the master with the connivance of the owner-Circumstances to be considered: (1) the nature of the casualty; (2) the opportunity for communication between the master and the owner; and (3) motive- Consideration of difficulties in way of deliberate stranding-Absence of local knowledge of master-Probability that vessel could have been sold at little less than its insured value-

ANSELME DEWAVRIN FILS ET CIE. v. WILSONS & NORTH-EASTERN RAILWAY SHIPPING COMPANY, LTD.

(1931) 39 Ll L Rep 289

Bill of lading - Damage to goods (wool tops) during land transit-Negligence of A (sub-carriers) employed by defendants (carriers) - Through bill of lading from Dunkirk to Bramley (Yorkshire)-Liability of defendants- Whether English or French law applied -Circumstances to be considered -Lex loci contractus-Road transport to be at "proprietor's risk in accordance with the stipulations of the present bill of lading"-Stipulations providing (inter alia) that "when goods are . . . awaiting . . . removal after discharge, or are carried at through rates or consigned from or to places beyond the port of . . . discharge, the shipowner is not liable for damage thereto or loss thereof, notwithstanding any negligent or wrongful act or default of any person whatsoever in his employ"-

ATLANTIC SHIPPING & TRADING COMPANY, LTD. v. BUNGE Y BORN, LTD.

(1931) 39 Ll L Rep 292

Charter-party - Discharging expenses - "Centrocon" charter-Cargo loaded of wheat and oats in bulk-"Freight to be paid on steamer's deadweight capacity for wheat in bags on this voyage at the rate above agreed on for heavy grain . . . All extra expenses in loading and discharging such merchandise over heavy grain to be paid by charterers. . ."-Extra expense of discharging oats at silos- Contention by charterers that figure to be compared was the cost of discharge at silos of bagged rye (which would entail the expense of bulking)-

BURRARD INLET TUNNEL & BRIDGE COMPANY v. "EURANA" (OWNERS).

(1931) 39 Ll L Rep 309

Public nuisance-Interference with navigation -Erection of bridge over Second Narrows, Vancouver Harbour - Collision between steamship and bridge- Damage to steamship and to bridge- Claim and counterclaim - Finding of lower Courts that the collision was an inevitable accident; that the bridge was an interference with navigation, but that the bridge, as erected, was authorised by statute -Claim and counterclaim dismissed - Burrard Inlet Tunnel & Bridge Company Act, 9 & 10 Edward VII, cap. 74-Railway Act (Revised Statutes of Canada, 1927, cap. 170)- Construction-

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