i-law.com

SMITH v. PEARL ASSURANCE COMPANY, LTD.

(1939) 63 Ll L Rep 1

Practice-Motor insurance-Arbitration- Stay of action-Personal injuries sustained by plaintiff while travelling as passenger in B's car-Judgment recovered against B by plaintiff proceeding under Poor Persons' Rules - Bankruptcy of B-Vesting of right of action against B's insurance company -Action brought against insurance company-Application by company for stay of action, having regard to arbitration clause in policy-Plea by plaintiff that if dispute went to arbitration he would be hampered by reason of his poverty in establishing his case, but that if the matter went before the Court he would have the benefit of the Poor Persons' Rules- Discretion of Court-Arbitration Act, 1934, Sect. 3 (4).

JONES v. MEATYARD.

(1939) 63 Ll L Rep 4

Road Traffic Act, 1930-Offence under statute-False statement admittedly mede by respondent for purpose of obtaining the issue of a certificate of insurance-Evidence that no financial or other advantage was gained thereby - Information preferred against respondent - Dismissal by learned Magistrate-Sect. 112 (2): "If any person for the purpose of obtaining the grant of any licence to himself or any other person knowingly makes any false statement, or for the purpose of obtaining the issue of a certificate of insurance or of a certificate of security under Part II of this Act makes any false statement or withholds any material information, he shall be liable to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding six months, or to both such imprisonment and fine"-Appeal.

FINCH v. RUDD.

(1939) 63 Ll L Rep 7

Negligent navigation-Breach of by-laws- Conviction-Appellant navigating vessel in River Yare-Engines put at full speed ahead to navigate round sharp bend, wash created causing damage to moorings-Master required by local by-laws to navigate vessel "at a speed and in a manner which shall not cause damage to other vessels or moorings or to the banks of the rivers"-Conviction upheld by Recorder-Appeal- Whether by-laws ultra vires.

MONTAGUE L. MEYER, LTD. v. VIGERS BROS., LTD.

(1939) 63 Ll L Rep 10

Sale of goods-Rejection-Claim by sellers for price-Sale of first class u/s yellow timber of following specifiation: 12 in. by 4 in., 78 in. by 4 in., and 1 in. by 4 in.-Sizes of deliveries slightly in excess of contract dimensions-Custom of trade as to permissible excess dimensions of deliveries of sawn timber-Whether custom inconsistent with contract.

BEAUMONT-THOMAS v. BLUE STAR LINE, LTD.

(1939) 63 Ll L Rep 14

Negligence-Personal injuries-Steamship passenger-Fall while on board ship alleged to be due to wet, dangerous and slippery condition of floor after washing by member of crew - Permanent injuries sustained-Claim against shipowners-Jury's award of £6000-Ticket conditions: "8. Passengers take upon themselves all risk whatsoever of the passage to themselves their baggage and effects including risks of embarking and disembarking and whether by boat or otherwise. 9. Without restricting the generality of Condition No. 8 neither the company, the master nor its agents shall be held liable for loss, damage, injury . . . arising or resulting directly or indirectly from any act, neglect or default of pilot, master, officers, mariners . . . in the navigation or management of the ship or from the act of God, collision, stranding . . . riots and civil commotion . . . strikes . . . restraint of princes . . . perils of the sea . . . unseaworthiness or unfitness of the ship or her machinery . . . fire, steam or electricity . . . unlighted or unguarded ladders, doors, gangways or openings through any deck or the side of the steamer . . . or from any other cause whatsoever" - Whether shipowners protected by conditions-"Any other cause whatsoever"-Ejusdem generis rule-Common feature of conditions.

VITA FOOD PRODUCTS, INC. v. UNUS SHIPPING COMPANY, LTD. (IN LIQUIDATION).

(1939) 63 Ll L Rep 21

Bill of lading-Clause paramount-Newfoundland Carriage of Goods by Sea Act, 1932-Shipment of herrings from Newfoundland to New York-Stranding of vessel owing to negligent navigation of captain-Damage to cargo- Claim by cargo-owners-Shipowners exempted from liability by terms of bill of lading-Clause paramount not included in bill of lading-Right of shipowners to rely upon immunities from liability contained in bill of lading-Effect of Act-Sect. 1: "Subject to the provisions of this Act, the Rules shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in this Dominion to any other port whether in or outside this Dominion"-Sect. 3: "Every bill of lading, or similar document of title, issued in this Dominion which contains or is evidence of any contract to which the Rules apply shall contain an express statement that it is to have effect subject to the provisions of the said Rules as applied by this Act"-Action brought in Courts of Nova Scotia-Whether bills of lading illegal and unacceptable as valid documents by Courts of Nova Scotia-Conflict of laws-Proper law of contract-Intention of parties- "This contract shall be governed by English law."

"MAISOL" (OWNERS) v. EXPORTLES, LTD.

(1939) 63 Ll L Rep 33

Charter-party-Loading- Charter of vessel "now trading and expected ready to load end September/early October"- Charterers' option to caned if vessel not ready at first loading port on or before Oct. 10-"6 (c). In the case of a vessel loading in October, charterers undertake to load vessel, clear the cargo, and present the master with bills of lading for signature in time to enable the pilot to take the vessel out of the port not later than Oct. 31, failing which charterers shall pay to the shipowner the actual amount paid to underwriters for extra insurance on current policies, excepting in cases of delay attributable to the fault of the ship owner, the shipowner crediting any rebate from underwriters as and when received"-Arrival at port of loading on Nov. 6-Claim by shipowners to extra premiums payable-Meaning of "loading in October"-Cause of delay -Arbitration-Award in charterers' favour-Case stated.

ANGFARTYGS A/B HALFDAN v. PRICE & PIERCE, LTD.

(1939) 63 Ll L Rep 35

Charter-party - Dead freight - Bundled and unbundled timber-Vessel to load a full and complete cargo of "mill awn red and/or white firwood deals and/or battens and/or boards and/or scantlings and/or slatings in bundles and/or laths in bundles and/or planed boards and/or floorings, the quantity of slatings to consist of about 80 standards, the quantity of laths to consist of about 30 standards . . . with a sufficient quantity of ends, eight feet and under, for broken stowage only . . ." -Vessel loaded with full cargo of 727 standards, including 294 standards of bundled boards-Full cargo 40 standards less than if unbundled timber had been shipped- Claim by shipowners for dead freight-Meaning of dead freight-Right of charterers to ship bundled timber, other than 80 standards of slatings and 30 standards of laths-Custom of trade-Whether overriding obligation to load full and complete cargo-Measure of damages.

THE "KYNO."

(1939) 63 Ll L Rep 43

Salvage - Arbitration - Award - Salvage services rendered by salvage company to steamship Kyno ashore on Newfoundland coast - Services rendered under Lloyd's Form of Salvage Agreement (No cure-no pay) with additional provision that "should the operations be unsuccessful the contractors shall be paid the sum of 500 dols. per day"-Vessel refloated and taken to Quebec-Subsequent agreement between parties that additional provision as to remuneration in the event of non-success should be deleted-Nudum pactum-Salvage arbitration-Whether arbitrator entitled to assess award on basis that salvage was rendered on purely "No cure-no pay" basis- Case stated.

KINNEY v. CAMMELL LAIRD & CO., LTD.

(1939) 63 Ll L Rep 47

Shipbuilding Regulations, 1931-Breach of statutory duty - Staging - "14. All stages shall be of sufficient width, as is reasonable in all the circumstances of the case, to secure the safety of the persons working thereon. In particular, no stage at a height of six feet or more above the ground, dock bottom, deck or tank top, shall be less than eighteen inches wide"-Death of boy assistant to ship's plater-Fall from staging on ship's side-Claim under Fatal Accidents Act and under Law Reform (Miscellaneous Provisions) Act -Evidence that part of staging was incomplete and only nine inches wide-Contributory negligence.

DAVEY v. PEARL ASSURANCE COMPANY, LTD.

(1939) 63 Ll L Rep 54

Practice-Motor insurance-Trial of action -With or without jury-Plaintiff injured by motor lorry - Judgment recovered by plaintiff against assured- Action brought by plaintiff against defendant insurance company under Sect. 10 (1) of the Road Traffic Act, 1934-Defence that lorry at time in question was being used for purposes outside the cover provided by the policy and that therefore the insurance company were not liable under the section -Reply by plaintiff that company were estopped by reason of representations made by their agent from saying that the particular risk was not covered -Order of learned Judge, reversing Master, that trial should be by Judge and special jury-Appeal by insurance company-Discretion of learned Judge.

THE "LA PLATA."

(1939) 63 Ll L Rep 57

Collision-Fog-Collision between Greek steamship Akti and German steamship La Plata in Bay of Biscay in fog-Akti sunk, with loss of 17 of her crew of 35, including master and first and second officers-Vessels about half a point off opposite courses - Akti navigating in fog, proceeding at about four or five knots; La Plata having just entered fog bank at full speed of 10 knots - Visibility of a quarter of a mile-Port helm signal sounded by La Plata, with no immediate reduction of speed - Starboard helm signal sounded by Akti, engines bang immediately put "full astern" - Further port helm signal sounded by La Plata, her engines then being put "full astern" - Port bow of Akti penetrated by stem and bows of La Plata-Seamanship.

THE "HELENA MARGARETA."

(1939) 63 Ll L Rep 64

Salvage-Services rendered by motor boat King John to steamship Helena Margareta, holed after collision with unknown vessel off Goodwin Sands - Foggy weather-Vessel on being reached found to be in tow (stern first) of two salvage tugs - No crew or lights on board-Vessel manned by five of crew of motor boat - Services rendered in making fast after tow ropes parted and in co-ordinating assistance provided by tugs - Vessel safely beached, services lasting no more than six hours-Danger of sinking in fairway.

WOODS v. HOULDER BROS. & CO., LTD.

(1939) 63 Ll L Rep 70

Negligence-Personal injuries-Measure of damages-Injury sustained by lighterman -Struck by wire hawser dropped over side of defendants' vessel in Royal Albert Dock-Grave injury to sight of one eye - Evidence of other resultant disabilities-Admitted liability of shipowners -Damages assessed at £2350 (including £850 special damages).

EDWARDS v. QUICKENDEN AND ANOTHER.

(1939) 63 Ll L Rep 73

Admiralty practice - Transfer of action from King's Bench Division to Admiralty Division - Collision between plaintiff's "rum-tum" and defendants' eight in tidal waters of River Thames- Action of damage commenced in King's Bench Division-Allegations of negligent navigation-Decision of Asquith, J. (reversing Master) granting defendants' application that case should be transferred to Admiralty Division - Appeal by plaintiff - Jurisdiction of Admiralty Court.

THE "UNIQUE."

(1939) 63 Ll L Rep 75

Salvage - Negligence of salvors - Defendants' barge underpinned by longitudinal waling on plaintiffs' jetty in Long Reach, River Thames-Barge sunk with cargo of lead-Pumped out by plaintiffs-Claim for salvage-Services admitted-Contention by defendants that necessity for salvage services arose from plaintiffs' negligence in failing to make the berth reasonably safe or in failing to warn the defendants that the berth was unsafe-Counterclaim for damages - Duty of berth-owner - Alleged contributory negligence of bargemaster-Inevitable accident.

THE "PALOMARES."

(1939) 63 Ll L Rep 81

Collision-Proof of contact-Sinking of plaintiffs' barge in London Docks - Barge, unattended and without lights, left moored alongside steamship S - Found sunk next morning-Allegation by plaintiffs that defendants' steamship P was so negligently navigated in getting to her berth that she collided with and sank barge-Onus of proof.

THE "EL CONDADO."

(1939) 63 Ll L Rep 83

International law - Ship - Decree of Spanish Republican Government requisitioning all vessels registered in Bilbao -Interim interdict granted to owners of steamship El Condado, of Bilbao, against removal of vessel from Greenock Harbour on behalf of Republican Government-Owners required to find caution-Interdict recalled by Sheriff Court - Owners' appeal dismissed by consent, following the decision of the House of Lords in the Cristina, 60 Ll.L.Rep. 147-Claim by Republican Government against cautioners to recover loss incurred by reason of operation of interdict-Right of Republican Government to possession - Whether right to possession recognised by Sheriff Court-Rule under which immunity from jurisdiction of British Courts is afforded to property of foreign Sovereign-Whether requisition decree (1) unconstitutional and/or (2) ineffectual to attach property outwith Spanish territory or territorial waters.

THE "ARANTZAZU MENDI."

(1939) 63 Ll L Rep 89

International law-Ship-Arrest-Foreign Sovereign State - Requisition of Spanish vessel by Republican and Nationalist Governments of Spain - Action in rem for possession brought by Spanish Republican Government - Motion by Nationalist Government to set aside writ and warrant of arrest- Position of Nationalist Government of Spain considered-Procedure by which Court informs itself of fact whether party impleaded is foreign Sovereign State - Recognition of Nationalist Government by his Majesty's Foreign Office as exercising de facto administrative control over the larger portion of Spain-De jure and de facto recognition discussed - Port of registry within territory under control of Nationalist Government-Power of disposition and control of Nationalist Government conceded by owner and master of vessel-Vessel in custody of Admiralty Marshal at time of arrest in present action-Function of Admiralty Marshal considered.

THE "ABODI MENDI."

(1939) 63 Ll L Rep 100

Admiralty practice-Ship-Action in rem for possession brought by plaintiffs, the Spanish Republican Government - Arrest by Admiralty Marshal-Unconditional appearance entered by owners and captain-Conditional appearance entered by Nationalist Government of Spain-Notice of discontinuance of action given by plaintiffs-Consent to release signed by owners-Summons for release issued by plaintiffs- Captain prevented from returning on board-Consent to release withdrawn by owners-Whether consent by owners necessary as plaintiffs had discontinued their action-Summons by owners for order for reinstatement of master-Allegation by plaintiffs that captain had been dismissed prior to issue of writ and had never acted as captain since-Function of Admiralty Marshal - Rules of the Supreme Court, Order 5, r. 16, Order 29, Order 52, r. 23.

THE "ROBERTA."

(1939) 63 Ll L Rep 108

Practice-Costs-Taxation-Appeal-Claim by cargo-owners against owner and time-charterers of Dutch vessel-Incursion of water into hold owing to negligence of engineer in leaving open cock controlling bilge suction-Incompetence of engineer-Damage to cargo-Judgment recovered by plaintiffs against time-charterers, time-charterers to be indemnified by owner - Taxation of plaintiffs' costs-Objection by plaintiffs -Items increased by Langton, J., on appeal-Appeal by defendants against increase-Discretion of learned Judge.

THE "CANADA."

(1939) 63 Ll L Rep 112

Collision - Fog - Collision between Norwegian motor vessel Hoegh Hood and Danish motor vessel Canada in English Channel during dense fog - Hoegh Hood on course of 255 deg. true; Canada on course of 84 deg. true-Contact between stem of Canada and starboard bow of Hoegh Hood-"Lying stopped" signal-Look-out-Speeds- blasts being sounded by Hoegh Hood -Allegation by Canada that the Hoegh Hood was sounding "lying stopped" signals before she was in fact stationary and that she (the Canada) was thereby misled-Evidence that Hoegh Hood, to counteract her falling off to starboard under reversed engines, had put her engines dead slow ahead (giving her a headway of a half to one knot) and her wheel to port in an endeavour to bring her back on her original heading - Whether still entitled to sound "lying stopped" signals-Look-out-Speeds- Collision Regulations, Art. 15.

PHILIPPSON & OTHERS v. IMPERIAL AIRWAYS, LTD.

(1939) 63 Ll L Rep 119

Carriage by air - "International carriage" -General Conditions of Carriage of Goods (I.A.T.A.)-"High Contracting Parties to the Convention of Warsaw" - Contract made in England for carriage of gold from London to Brussels - Stolen from Croydon Aerodrome-Claim by consignees-Consignment note containing provision that "The consignor hereby expressly declares . . . that he is aware of and accepts the General Conditions of Carriage more particularly referred to on the back of this document" - "Conditions of Carriage: Carriage by air: The General Conditions of Carriage of Goods are applicable to both internal and international carriage. These General Conditions are based upon the Convention of Warsaw of 12th October, 1929, in so far as concerns international carriage within the special meaning of the said Convention"-General Conditions, Art. 1, par. 2 (2): "The special categories of international carriage . . . include all carriage by air in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated . . . within the territories of two High Contracting Parties to the Convention of Warsaw for the unification of certain rules relating to International Air Transport of the 12th October, 1929, upon which these Conditions are based . . ."- Great Britain and Belgium both signatories to convention - Ratification only by Great Britain at time of carriage-Meaning of "High Contracting Parties"-Whether carriage under consignment note "international carriage"-Ambiguity-Limitation of claims - Preliminary questions for Court-Convention of Warsaw, 1929- Carriage by Air Act, 1932.

HALL BROTHERS STEAMSHIP COMPANY, LTD. v. YOUNG.

(1939) 63 Ll L Rep 143

Marine insurance-Collision clause-Collision between insured vessel and French pilot vessel-Insured vessel in no way to blame-Liability of insured vessel under French law for cost of repairs to pilot vessel-"And it is further agreed that if the ship hereby insured shall come into collision with any other ship or vessel and shall in consequence thereof become liable to pay and shall pay by way of damages to any other person any sum or sums in respect of such collision the undersigned will pay the assured such proportion of three-fourths of such sum or gums so paid as their respective subscriptions hereto bear to the value of the ship hereby insured. . . ."-Construction of collision clause-Liability of insurers under policy-Whether sum paid by insured vessel "by way of damages"-"In consequence thereof."

THE "BEVERLEY BROOK."

(1939) 63 Ll L Rep 150

Negligent navigation-Dragging-Plaintiff's sailing barge Ashingdon and plaintiff's motor launch Hermine moored off Southend, River Thames, heading to southward-Defendants' motor barge Beverley Brook moored, heading westward, to southward of plaintiff's vessels-Moorings of all three vessels parted during southerly gale-Plaintiff's vessels driven into collision with sea wall - Claim by plaintiff against defendants-Allegation that his vessels were broken adrift by the Beverley Brook-Evidence of contact between Ashingdon and Beverley Brook - Onus of proof - Beverley Brook unattended by crew at material time-Inevitable accident.

KAWASAKI KISEN KABUSHIKI KAISYA v. BANTHAM STEAMSHIP COMPANY, LTD.

(1939) 63 Ll L Rep 155

Charter-party-Cancellation by owners- War-"31. Charterers and owners to have the liberty of cancelling this charter-party if war breaks out involving Japan"-Evidence of extensive fighting in China between Chinese and Japanese armies-No declaration of war made-Diplomatic relations maintained-Letter from British Foreign Office stating that "His Majesty's Government are not at present prepared to say that in their view a state of war exists"-Right of owners to cancel-Construction of charter-party -Arbitration-Award that war had broken out involving Japan and that owners were entitled to cancel-Case stated-Whether decision of Executive was essential as to fact of state of war between China and Japan-Meaning of "war"-Animus belligerandi as an essential element.

THE "MUNSTER."

(1939) 63 Ll L Rep 165

Collision-Fog-Excessive speed-Collision between steamship West Cohas and motor vessel Munster in Irish Sea in fog-Vessels six degrees off opposite courses-Contact between stem of West Cohas and starboard side of Munster at angle of about 28 deg.-Alteration of course - Whistle signals - Look-out - Speeds.

THE "ALEXANDRA."

(1939) 63 Ll L Rep 170

Salvage-Services rendered by steamship Glen Helen to motor vessel Alexandra in Bristol Channel - Both vessels engaged in sand sucking-Fire in engine-room of Alexandra, disabling engines-Alexandra made fast by Glen Helen and towed seven miles to Penarth Roads-Rough weather-Risk to salvors.

KAWASAKI KISEN KABUSHIKI KAISYA v. BELSHIPS COMPANY, LTD., SKIBS. A/S.

(1939) 63 Ll L Rep 175

Charter-party - Cancellation - Reasonable time after outbreak of war - Time-charter of motor vessel B-"In case Japan, Norway, China, U.S.A. or any of the great European Powers should become engaged in war with any other of these countries, owners and/or charterers have the option of cancelling charter-party"-Cancellation by charterers on Apr. 2, 1938-Right to cancel-Time within which right to cancel might be exercised-Implied term-Award that charterers were not entitled to cancel- Case stated-Umpire's finding that military operations between China and Japan from the beginning of September, 1937, to Apr. 2, 1938, constituted a war in the ordinary and popular meaning of that word.

MILLER'S TIMBER TRUST COMPANY, LTD. v. PLYWOOD FACTORY JULIUS POTEMPA, LTD.

(1939) 63 Ll L Rep 184

Arbitration - Arbitrator - Misconduct - Dispute between buyers and sellers of plywood-Request by buyers to umpire to state special case for the opinion of the Court-Intimation by umpire that he intended to publish his award without obtaining decision of the Court upon points raised-Order of Court obtained by buyers directing umpire to state case for opinion of Court - Awards published without obtaining decision of Court-Awards bad on face of them-Motion by sellers that awards be remitted to umpire for reconsidertion -Motion by buyers that awards be set aside and umpire removed - Matter to be taken into consideration in such circumstances - Arbitration Act, 1889, Sect. 10 (1)- Arbitration Act, 1934, Sect. 9 (1).

EDWARDS v. QUICKENDEN AND FORESTER.

(1939) 63 Ll L Rep 189

Collision - Craft propelled by oars - Collision between plaintiff's "rum-tum" and defendants' "eight" in River Thames-Injury sustained by plaintiff-Damage to plaintiff's and defendants' craft-Claim and counterclaim for damages - Admiralty or common law rule-Contributory negligence-Merchant Shipping Act, 1894, Sect. 742 - Maritime Conventions Act, 1911, Sect. 1.

PELTON STEAMSHIP COMPANY, LTD. v. PORT OF LONDON AUTHORITY.

(1939) 63 Ll L Rep 194

Negligence - Dock authority - Collision between plaintiffs' steamship Spero and wall of lock between East India Dock Basin and Import Dock-Spero locked into Basin and straightened up to enter Import lock - Difference in levels of Basin and Import Dock - Orders given by defendants' dock-master to go ahead - Allegation by plaintiffs that sluices were negligently opened by defendants' servants while the Spero was making her way into the Import lock, causing her to sheer, and that in spite of subsequent helm and engine action she collided with the lock wall, sustaining damage - Contention by defendants that the sluices were not opened at the material time; that it was not negligent to open them, in that the dam stream resulting thereby would not affect the heading of the Spero; alternatively, that the sole or a contributory cause of the damage was the excessive speed of the Spero in making her way across the Basin - Evidence given by plaintiffs of engine action taken to avert collision, which defendants put forward as a contributory cause of the collision - Onus of proof.

THE "FAIRPLAY XIV."

(1939) 63 Ll L Rep 210

Collision - River - Collision between plaintiffs' motor yacht Snowbird and pile-driver (in tow of defendants' tug Fairplay XIV) in River Elbe - Snowbird inward bound; tug outward bound-Snowbird and tug passing port to port-Port wheel action then taken by Snowbird, fouling tow rope, colliding with the pile-driver and sub-sequently sinking-Dispute as to place of collision - Lights - Pile-driver exhibiting side and stern lights - Requirements of local by-law that she should in addition exhibit "not under command" lights-Breach of by-law- Whether contributing to collision - German Sea Waterways Regulations, Sect. 10 (1)-Collision Regulations, Art. 4 (a).

SOAG MACHINE TOOLS, LTD. v. GILLETTE INDUSTRIES, LTD.

(1939) 63 Ll L Rep 216

Sale of goods-Delivery-Claim by sellers for price-Sale of machinery by plaintiffs to defendants - "Price includes delivery: free your works including all charges"-"All goods are at the risk of the customer from the time of delivery by us or our suppliers to the carrier. In cases where we undertake to deliver free at customer's premises, we at our expense, effect carriage and insurance on customer's behalf"- Carriers instructed by plaintiffs to collect and deliver - Machinery delivered by carriers to defendants' premises - Unloading effected by defendants' workmen-Fall from crane -Machinery damaged-Contention by defendants that machinery had not been delivered under contract and that it was still at plaintiffs' risk - Construction of contract.

GUARDIAN ASSURANCE COMPANY, LTD. v. SUTHERLAND AND ANOTHER.

(1939) 63 Ll L Rep 220

Motor insurance-Concealment of material facts - Claim by insurance company for declaration that they were entitled to avoid policy - Policy issued to Sutherland (first defendant) in respect of car No. 1-Car No. 1 substituted by car No. 2 and later by car No. 3- Injuries sustained by third parties while car No. 3 being driven by Sidebotham (second defendant) with permission of first defendant-Action brought by third parties against defendants -Whether defendants entitled to be indemnified under policy-Evidence that Sutherland in fact had no interest in car No. 3 at time of accident - Admission by defendants that insurance of car No. 1 was obtained by misrepresentation - Contention by defendants that new contract of insurance was effected when cars Nos. 2 and 3 were substituted, which was not invalidated by reason of any misrepresentation - Whether policy, being a policy issued under Sect. 36 of the Road Traffic Act, 1930, remained in force, imposing a statutory liability on the insurance company - Road Traffic Act, 1930, Sect. 36 (1): "In order to comply with the requirements of this Part of this Act, a policy of insurance must be a policy which . . . (b) insures such person, persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them 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 . . . (4) 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 or classes of persons."

THE "CORHAMPTON."

(1939) 63 Ll L Rep 225

Collision-River-Starboard-hand rule- Collision between motor barge Sway and steamship Corhampton in Sea Reach, River Thames - Sway sunk - Corhampton, bound down, navigating on the south side (her proper side) of river; Sway, bound up, also navigating on south side - Starboard helm signals sounded by Corhampton-Attempt by Sway to cross ahead of Corhampton and pass green to green-Corhampton's engines put full speed astern, followed by port helm action at the last - Contact between stem of Corhampton and port bow of Sway-Port of London River By-laws, 1914-1934, Rules 33, 34.

THE "SKIRNER."

(1939) 63 Ll L Rep 231

Collision-River-Emerging from dock- Collision between tug Lion (towing three lighters) and steamship Skirner - Lion, navigating up river, and having turned under starboard helm, brought up outside dolphin at entrance to Millwall Dock - Skirner emerging stern first from Millwall Dock preparatory to turning head down river- Whether Lion commenced to turn before the Skirner was committed to her manoeuvre of coming out - Turning signals - Skirner's engines put ahead in endeavour to avoid difficulty created by Lion - Lion seriously damaged by Skirner's propeller - Port of London River By-laws, 1914-1934, Rules 23, 26.

E. E. & BRIAN SMITH (1928), LTD. v. WHEATSHEAF MILLS, LTD.

(1939) 63 Ll L Rep 237

Sale of goods - Rejection - London Corn Trade Association Contract for sale of China peas - Documents tendered by sellers - Taken up and paid for by buyers-Claim by buyers to reject peas - Arbitration - Award that buyers were entitled to reject and that sellers should take back peas and refund amount of provisional invoice and incidental charges - Subsequent claim by buyers for damages for non-delivery of contract goods - Second arbitration - Award that buyers were entitled to damages - Award affirmed by Appeal Committee - Case stated - Question for opinion of Court: "Whether by reason of the first award, and/or by reason of their conduct in the proceedings terminating in the first award, the buyers are barred from recovering the sum claimed by them in the proceedings terminating in the second award" - Res judicata - Applicability of rule to arbitrations - Custom of trade.

COMPANIA PRIMERA DE NAVIGACION, LTDA. v. COMPANIA ARRENDATARIA DEL MONOPOLIO DE PETROLEOS, S.A.

(1939) 63 Ll L Rep 246

Charter-party - Deviation - Consecutive voyages - Charter of vessel to proceed to Constantza and there load oil for one Spanish Mediterranean port-Charter to remain in force for two consecutive voyages-Vessel loaded at Constantza for Valencia-Course set for Zonguldak for bunkers - Zonguldak not on ordinary route - Sufficient bunkers on board to reach Istanbul (on ordinary route) - Course altered for Istanbul before reaching Zonguldak- Sufficient bunkers taken on board at Istanbul to reach Algiers (to pick up non-intervention officer before proceeding to Valencia) - Call at Bona for bunkers - Vessel captured by Spanish Nationalists on leaving Bona and taken to Palma to discharge - Subsequent arrival at Algiers, vessel then leaving for Istanbul for charterers' orders-Refusal by charterers to give any orders for second voyage - Contention that by reason of deviations on first voyage charter was at an end - Whether charterers waived deviation to Zonguldak - Liberty to deviate - "9. The vessel has liberty to call at any ports in any order, to sail without pilots, and to tow and assist vessel in distress, and to deviate for the purpose of saving life or property"-"12. The vessel to have leave to tow or be towed, and to assist vessels in all positions of distress, or to call at any port or ports for bunker supplies."

BURTON AND ANOTHER v. ROAD TRANSPORT & GENERAL INSURANCE COMPANY, LTD.

(1939) 63 Ll L Rep 253

Motor insurance - Extent of cover - "Employ" - Claim under policy - Motor Traders' policy issued by defendants to D.M. covering the policyholder "or any person in the policyholder's employ who is driving on his order or with his permission" - Collision between motor cycle ridden by plaintiffs (third parties) and car belonging to D.M. - Car being driven by W. to demonstrate to prospective buyer - Judgment recovered by plaintiffs against D.M. and W.-Judgment unsatisfied - Claim by plaintiffs to be indemnified by defendants under Sect. 10 of the Road Traffic Act, 1934- Relationship between D.M. and W. considered-Whether W. in employ of D.M.-Meaning of "employment."

THE "AUK."

(1939) 63 Ll L Rep 258

Admiralty practice-Discovery of documents -Privilege-Collision between plaintiffs' barge Leo and defendants' steamship Auk in River Thames- Report made to owners by master of barge, report containing following printed heading: "This report is made in order that the company may be advised whether steps should be taken for the recovery of the lou sustained or to resist any claim that may be made upon them in respect of same"-Report not disclosed-Application by defendants for further and better affidavit, contending that report should have been disclosed-Application refused by learned Assistant Registrar.

HIRD v. REA, LTD.

(1939) 63 Ll L Rep 261

Negligence-Breach of statutory duty- Unloading of planks-Planks stowed in steamship's hold-Dock labourer in employ of defendants (stevedores) to unload vessel-Timber unloaded by means of sling-Dock labourer killed by slipping of planks from sling -Claim by dependant of deceased dock labourer for damages (1) at common law (2) arising out of the defendants' breach of statutory duty in that they had failed to comply with Regulation 32 of the Docks Regulations 1934, providing: "Precautions shall be taken to facilitate the escape of the workers when employed in a hold or on 'tween decks in dealing with coal or other bulk cargo"-Action tried before Judge and jury-Questions for jury: "(1) Was the system of unloading by the use of a snotter or single rope sling a reasonably safe system? A.: Yes. (2) Was the accident to the deceased man caused by the negligence of one or some of certain persons the deceased himself, the person who was assisting him and the winchman? A.: No. (3) Were precautions taken by the defendants to facilitate the escape of the workers when employed in the portion of the hold where the deceased man was working? A.: No" - Claim dismissed - Whether "other bulk cargo" included timber-Duty of employers to employ safe system of unloading.

EGAN v. BOWER.

(1939) 63 Ll L Rep 266

Road Traffic Act, 1930-Offence under Sect 35 (1)-Policy taken out by respondent in respect of his van- Issue of certificate of insurance containing following paragraph: "Limitation as to use: Use in connection with the policy-holder's business . . . under 'C' licence. Policy does not cover carrying of passengers for hire or reward"-Respondent's wife and children as passengers in van -Private pleasure purposes-Whether certificate a sufficient compliance with regulations-Ambiguity-Letter from insurers stating that in the event of an accident occurring while the vehicle was being used for private pleasure purposes, any claim normally covered by the policy would not be repudiated -Appeal against magistrates' decision dismissing an information charging the respondent with using his van when not covered by policy of insurance against third-party risks.

POOL SHIPPING COMPANY, LTD. v. LONDON COAL COMPANY OF GIBRALTAR, LTD.

(1939) 63 Ll L Rep 268

Contract-Suspension of performance- "Normal working"-Standard form of contract entered into by defendants to supply at Gibraltar "to all the steamers of which the [plaintiffs] are for the time being registered owners or managing owners . . . such quantities of [Welsh or Durham coal] as are normally required and taken by such steamers coaling en route in the customary manner"-"In the event of any cause or circumstance beyond the control of the [defendants] and/or suppliers of whatsover description and wheresoever occurring . . . which prevents the supply, shipment, carriage or delivery of [contract coal] or the normal working of this contract, [defendants] or suppliers shall be entitled to relief from all obligations under this contract during the continuance of any such causes or circumstances or the effects thereof . . ." -Contract in force from Jan. 9 to Dec. 31, 1937 - Intimation given by defendants to plaintiffs in May that owing to the abnormal position of both the coal and shipping trades it would be impossible to keep the bunkering depots sufficiently supplied with contract coal; that the contract was suspended by virtue of the exception clause; but that they (the defendants) would be willing to supply each vessel as to one-third of her requirements with emergency coal at the current price of the day-Protest by plaintiffs - Notice given by plaintiff in September that one of their steamers would call at Gibraltar for 200 tons of Welsh coal under the contract-Vessel supplied with one-third emergency coal and debited with extra cost-Account signed by master "subject to my owners' approval" - Claim by plaintiffs to recover extra amount paid -Whether events happened beyond the control of the defendants which affected the "normal working" of the contract-Evidence that from February to May, 1937, difficult conditions arose regarding supplies of bunker coal, and that the defendants bought cargoes of Westphalian coal in an endeavour to remedy the deficiency in their supplies -Whether normal conditions had returned by September, when plaintiffs' order was given-Construction of contract.

HASSETT v. LEGAL & GENERAL ASSURANCE SOCIETY, LTD.

(1939) 63 Ll L Rep 278

Insurance - Third-party risks - Policy taken out by L (a limited company) with defendant insurance company- H employed by sub-contractors to L- H injured owing to collapse of scaffolding - Claim brought by H against L-Notice received in round-about way by defendants that claim was being made against L - Writ in meantime served on L at registered office, no appearance being entered, and judgment being eventually signed in default-L wound up by H-Claim by H against defendants under Third Parties (Rights against Insurers) Act, 1930 - Arbitration - Award that L, being the assured, had failed to comply with the policy condition requiring the assured to notify the defendants of any claim made or of any proceedings taken against the assured, and that therefore the defendants were not liable to indemnify the assured against the judgment obtained by H-Waiver -"4. . . . Any communication whatever relating to the accident must be forwarded to the Society immediately on receipt thereof. 5. . . . The insured shall at the cost of the Society render them every information and assistance in his power to enable them to settle or resist any claim wholly or in part or to defend any proceedings"- Appeal by way of special case.

THE "CRAIG-AN-ERAN."

(1939) 63 Ll L Rep 284

Salvage - Determination of disputes - Jurisdiction-Claim in respect of services alleged to have been rendered to steam trawler Craig-an-eran near Wick-Action commenced in Court of Session-Dispute as to value of salved vessel, her cargo and freight-Valuer appointed by Court-Valuer's report that total value of property salved was £821 10s.-Defender's plea that action was incompetent in Court of Session- Merchant Shipping Act, 1894, Sect. 547.

COLLINS v. ANCHOR LINE, LTD.

(1939) 63 Ll L Rep 287

Factory and Workshop Act, 1901-Breach of statutory duty-Unfenced machinery on board ship-pursuer employed as butcher on board defenders' steamship -Damage to hand by contact with knives of mincing machine in butcher's shop-Claim by pursuer based on view that premises were a non-textile factory within the meaning of the Act -Defences: (1) that premises were not a factory within the meaning of the Act; (2) that the Act had no application to a ship on the high seas- Sects. 10 (1) (c), 149 (1) (c).

THE "MELROSE ABBEY" AND THE "PAN EUROPE."

(1939) 63 Ll L Rep 291

Collision - River - Fog - Obstruction of fairway - Collision between British steamship Melrose Abbey and French steamship S N A 9 in River Maas in fog - Melrose Abbey bound down; S N A 9 at anchor-Contention by Melrose Abbey that she was obstructed by the Norwegian motor vessel Pan Europe, which was crossing the river to enter dock-Pan Europe, with no motive power and incapable of sounding any signal, in charge of four tugs-Duty of Pan Europe under local by-law providing that "A vessel towing one or more vessels . . . shall give . . . with intervals of not more than two minutes, one long blast, followed by two short blasts, each with an interval of about one second. The last vessel of the tow may give this signal but shall not give any other signal"- Speed of Melrose Abbey.

THE "GUDRUN M'RSK."

(1939) 63 Ll L Rep 297

Collision-River-Starboard-hand rule- Collision between British steamship Umvuma and Danish motor vessel Gudrun M‘rsk in Gallions Reach, River Thames-Umvuma bound up; Gudrun M‘rsk bound down - Umvuma's case that the vessels were approaching in safety red to red when the Gudrun M‘rsk negligently altered her course to port-Gudrun M‘rsk's case that Umvuma rounded Tripcock Point and came up on her wrong side with her red light open on the starboard bow of the Gudrun M‘rsk, and that although the pilot of the Gudrun M‘rsk erroneously gave the order "hard-a-port," that order was immediately countermanded before any alteration to port took place-Place of collision-Speeds-Port of London River (Amendment) By-laws, 1934, Rule 4 (a).

THE "KITTIWAKE C."

(1939) 63 Ll L Rep 302

Collision - River - Fog - Starboard-hand rule - Collision between steamship Chas (towing keels) and motor barge Kittiwake C. (towing barges) in River Trent near Gainsborough Railway Bridge - Chas bound down; Kittiwake C. bound up-Fog signals exchanged when each flotilla was approaching bridge-No reduction of speed by either-Both flotillas navigated to pass through northern arch- Room for both with careful navigation -Collision resulting in keels striking abutment of bridge, one being sunk.

THE "EDINBURGH."

(1939) 63 Ll L Rep 308

Rivers-Duties of conservancy authority- Obstruction in fairway - Bottom damage sustained by plaintiffs' sailing barge Edinburgh in Ray Gut, off Leigh, in Sea Reach, River Thames-Claim against Port of London Authority as conservancy authority - Alternative theories put forward by parties as to cause of damage-Plaintiffs' contention that damage was due to striking the stock of a submerged anchor, part of an unmarked and unbuoyed mooring consisting of two anchors and a chain bridle - Defendants' suggestion that vessel was holed by sitting upon her own anchor-Inference to be drawn from depth of water and from fact that mooring was resting in sand.

CHANT v. READ.

(1939) 63 Ll L Rep 321

Damages-Contribution between joint tortfeasors - Motor accident - Collision between motor cycle ridden by C and car driven by R (with wife as passenger)-Wife killed-Cross-actions brought by C and R-Claim by R (as administrator of wife's estate) for damages in respect of her loss of expectation of life-Claim by C that in respect of that particular issue he was entitled to contribution from R as joint tortfeasor-Whether any cause of action vested in wife against her husband in respect of the loss of her normal expectation of life-Husband or wife not entitled to sue the other in tort-Contention by C that cause of action in R's wife at her death constituted a civil remedy for the protection and security of her property-Meaning of "property" -Preliminary point of law under Order 25, r. 2-Married Women's Property Act, 1882, Sect. 12-Law Reform (Miscellaneous Provisions) Act, 1930, Sect. 1 (1)-Law Reform (Married Women and Tortfeasors) Act, 1935, Sect. 6 (1) (c), Schedules 1 and 2.

THE "EL CONDADO."

(1939) 63 Ll L Rep 330

International law - Ship - Decree of Spanish Republican Government requisitioning all vessels registered in Bilbao-Interim interdict granted to owners of steamship El Condado, of Bilbao, against removal of vessel from Greenock Harbour on behalf of Republican Government-Owners required to find caution-Interdict recalled by Sheriff Court-Owners' appeal dismissed by consent, following the decision of the House of Lords in the Cristina, 60 Ll.L.Rep. 147-Claim by Republican Government against cautioners to recover loss incurred by reason of operation of interdict- Right of Republican Government to possession-Whether right to possession recognised by Sheriff Court-Rule under which immunity from jurisdiction of British Courts is afforded to property of foreign Sovereign - Whether requisition decree (1) unconstitutional and/or (2) ineffectual to attach property outwith Spanish territory or territorial waters.

Lloyd's Law Reports