i-law.com

CANADA STEAMSHIP LINES, LTD. v. THE KING.

[1952] 1 Lloyd's Rep 1

Contract-Lease-Exemption from liability clause -Indemnity clause-Negligence of lessor's servants causing fire on demised premises- Destruction of property belonging to lessees and to third parties-Liability of lessor- Right of lessor to indemnity-Construction of leas-Faute lourde.

MACLEOD ROSS & CO., LTD. v. COMPAGNIE D'ASSURANCES GENERALES L'HELVETIA.

[1952] 1 Lloyd's Rep 12

Marine insurance-Certificate of insurance issued under open cover-Conditions of insurance- Applicability of additional terms contained only in open cover-Loss-Claim by holders of certificate-"Underwriters . . . can only be sued before Tribunals of Commerce of the place where the contract was entered into"-Stay of action.

FAULCONBRIDGE (H.M. INSPECTOR OF TAXES) v. NATIONAL EMPLOYERS' MUTUAL GENERAL INSURANCE ASSOCIATION, LTD.

[1952] 1 Lloyd's Rep 17

Revenue - Income tax - Assessment - Mutual insurance company - Profits or gains - Surpluses arising from business done with members-Trade or business.

THOMAS STONE (SHIPPING), LTD. v. THE ADMIRALTY AND OTHERS. (THE "ALBION.")

[1952] 1 Lloyd's Rep 38

Collision-Lights-Look-out-Large and unwieldy tow-Duty to shipping in vicinity-Defective port light-"Not under command"-Steps taken by innocent ship subsequent to collision-Chain of causation-Multiplicity of parties concerned in tow-Determination of cause of collision.

BRADSHAW v. DAVEY.

[1952] 1 Lloyd's Rep 65

Rating - Assessment - Moorings - River - Anchors attached to bed by own weight- Periodical removal - Whether a rateable hereditament.

SOCIEDADE PORTUGUESA DE NAVIOS TANQUES LIMITADA v. HVALFANGERSELSKAPET POLARIS A/S.

[1952] 1 Lloyd's Rep 71

Contract-Enforceability-Unfulfilled condition-Formation of charter-party-Signature by both parties-Consensus ad idem.

BULLMAN v. GEE STEVEDORING COMPANY, LTD.

[1952] 1 Lloyd's Rep 79

Negligence-Stevedores-Loading of bagged cargo into ship's hold - Bags secured by strop - Release of strop by member of gang, causing bags to spread-Personal injuries sustained by fellow stevedore - Liability of employers - Contributory negligence.

EVANS v. BUSTARD & SONS, LTD.

[1952] 1 Lloyd's Rep 81

Negligence-Safe premises-Ship's gangway-Gap between ship's rail and gangway-Provision of breast ropes-Adequacy-Evidence of system -Proof.

BOARD OF TRADE (MINISTER OF MATERIALS) v. STEEL BROTHERS & CO., LTD.

[1952] 1 Lloyd's Rep 87

Sale of goods (f.o.b.)-Quality-Sale of rubber- Defective packing causing damage-Time limit for claims on quality-Ambiguity.

THE "HURST."

[1952] 1 Lloyd's Rep 96

Collision-Dock-Barge adrift unattended-Motor vessel leaving dock-Attempt to pass through gap between drifting barge and flotilla of tug and tows - Look-out - Barge adrift with knowledge of owners - Port of London (Consolidation) Act, 1920, Sect. 155 (5).

THOMAS STONE (SHIPPING), LTD. v. THE ADMIRALTY AND OTHERS. (THE "ALBION.")

[1952] 1 Lloyd's Rep 104

Collision-Liability-Defendant ship alone to blame -Joint and several tortfeasors-Apportionment -Uncompleted aircraft carrier in possession of shipbuilders and not yet commissioned - Liability of Crown - Crown Proceedings Act, 1947, Sects. 2 (1) (a), (c), 40 (2) (d).

BELL AND INNES v. MARTIN.

[1952] 1 Lloyd's Rep 137

Licensing Acts-Offence-Summary procedure- Sales of intoxicating liquor outside permitted hours-River passenger vessel-Alleged defect in summonses.

WATERHOUSE v. H. LANGE BELL & CO., LTD.

[1952] 1 Lloyd's Rep 140

Damages-Assessment-Personal injuries claim- Proof-Duty to minimize.

TAYLOR v. ELLERMAN'S WILSON LINE, LTD., AND AMOS & SMITH, LTD.

[1952] 1 Lloyd's Rep 144

Shipbuilding Regulations, 1931-Repair of ships- Painting-Safe plant-Staging-Ship in dry dock undergoing survey repairs-Painting of ship contemporaneously by shore gang employed by shipowners-Applicability of regulations-Whether painting work of repair or mere maintenance-Liability of employers and/or occupiers-Contributory negligence.

PAVIA & CO., S.P.A. v. THURMANN-NIELSEN.

[1952] 1 Lloyd's Rep 153

Sale of goods (c. & f.)-Payment-Confirmed credit to be opened by buyers-Time for opening.

SUTHERLAND v. RINOVIA STEAM FISHING COMPANY, LTD.

[1952] 1 Lloyd's Rep 157

Damages - Assessment - Personal injuries claim -Appeal.

DRINKWATER AND ANOTHER v. KIMBER.

[1952] 1 Lloyd's Rep 159

Husband and wife-Contribution between joint tortfeasors-Law Reform (Married Women and Tortfeasors) Act, 1935, Sect. 6 (1)-Law Reform (Contributory Negligence) Act, 1945, Sects. 1, 4.

THE "HUMBERGATE."

[1952] 1 Lloyd's Rep 168

Collision-River Ouse-Undocking-Plaintiff ship emerging from lock into tidal river- Defendant ship approaching from down river -Look-out-Exhibition of lock signals by night-Signals having no statutory authority -Seamanship-Notice to Mariners, 1938, No. 89.

ELLERMAN'S WILSON LINE, LTD. v. WEBSTER.

[1952] 1 Lloyd's Rep 179

Criminal law-Larceny by finding-Abandoned property-;Mens rea.

LERER v. PRIDAVOK.

[1952] 1 Lloyd's Rep 181

Principal and agent-Agreement between plaintiff and agent-Freight charges-Commission due to plaintiff - Liability of agent - Whether agency disclosed.

YELO v. S. M. MACHADO & CO., LTD.

[1952] 1 Lloyd's Rep 183

Sale of goods-Non-acceptance by buyers-Alleged failure by seller to comply with contract terms-Variation of terms-Dates of shipment -Confirmed credit-"Received for shipment" bills of lading-No proof of date of shipment -Custom of trade. Bill of lading-"Received for shipment" bills of lading-F.o.b. shipment of fruit from Spanish ports-Custom of trade.

PIPE v. CHAMBERS WHARF AND COLD STORES, LTD.

[1952] 1 Lloyd's Rep 194

Negligence - System of working - Loading of canes on to lorry by hand-Personal injuries claim-Breach of common law duty.

CORK INSULATION & ASBESTOS, LTD. v. MACKINTOSH & CO. (GIBRALTAR), LTD.

[1952] 1 Lloyd's Rep 197

Carriage of goods by sea-Lighterage-Damage to cargo by rainwater-Negligence of lightermen -Common carriers-Act of God-"Hiring" or "contract of carriage"-Custom of port- "Owner's risk."

WESTMINSTER BANK, LTD. v. ARLINGTON OVERSEAS TRADING COMPANY.

[1952] 1 Lloyd's Rep 211

Banking-Documentary credits-Payment made by bank against credit-Failure to act in accordance with mandate-Documents in bank's possession but not at their disposal-Payment to person not so entitled- Claim for return of sum paid-Mistake of fact.

CONTINENTAL IMES, LTD. v. H. E. DIBBLE.

[1952] 1 Lloyd's Rep 220

Contract (c.i.f) - Repudiation by buyers- Non-availability of documents - Port of shipment not in accordance with contract- Merchantability.

KNOTZ v. FAIRCLOUGH DODD & JONES, LTD.

[1952] 1 Lloyd's Rep 226

Contract (c. & f.)-Payment-Method of payment -Documentary credit to be opened by buyers against tender of documents by seller- Ambiguity-Intention of parties-Variation of method of payment-Breach by seller- London Copra Association Contract, Form No. 2 (as amended).

ANGLO-OVERSEAS TRANSPORT COMPANY, LTD. v. DAVID ZANELLOTTI, LTD.

[1952] 1 Lloyd's Rep 232

Forwarding agents-Freight charges-Liability of British importers (agents for Italian principals)-Alleged contract between British forwarding agents (acting on behalf of Italian forwarding agents) and importers- Proof-Course of dealing-Custom. Contract-Custom-Whether sufficient of itself to create contract.

SOCIETE D'AVANCES COMMERCIALES (LONDON), LTD. v. A. BESSE & CO. (LONDON), LTD.

[1952] 1 Lloyd's Rep 242

Sale of goods (c.i.f.)-Non-delivery by sellers- Failure to obtain export licences-First and only application unsuccessful - Export suspended by Government for short period- Frustration-Construction of contract-Typed and printed clauses in conflict-General Produce Brokers' Association of London Contract No. 1.

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

[1952] 1 Lloyd's Rep 255

Shipbuilding Regulations, 1931-Safe means of access-Ship in public dry dock-Protection of openings in decks-Lighting-Fall down unfenced hold-Liability of ship-repairers (occupiers) and/or shipowners-Contributory negligence - Trespasser or licensee - Regulations 1, 10, 42 (b).

BEAUCHAMP v. TURRELL.

[1952] 1 Lloyd's Rep 266

Limitation of liability-"Actual fault or privity" of owner-Fatal accident to member of crew- Safe system of work-Absolute duty to provide-System unsafe-Right of owner to limit liability-Merchant Shipping Act, 1894, Sect. 503.

THE "SALFORD CITY."

[1952] 1 Lloyd's Rep 273

Collision - River Mersey - Narrow channel - Starboard-hand rule-Hopper proceeding down stern first and turning on to down-channel heading-Steamship bound up river-Confusion arising from hopper's signals-Look-out -Lights-River Mersey Rules, 1924, Rule 13 -Collision Regulations, Art. 25.

IN THE ESTATE OF NEWLAND, DECD.

[1952] 1 Lloyd's Rep 280

Wills-Seaman-Merchant seaman on shore leave -Will formally executed but invalid by reason that testator was minor-Whether entitled to proof as privileged will-"Seaman being at sea"-Informal revocation of bequest-Wills Act, 1837, Sects. 7, 11-Wills (Soldiers and Sailors) Act, 1918, Sects. 1, 2.

IN THE ESTATE OF WILSON, DECEASED; WILSON v. COLECLOUGH.

[1952] 1 Lloyd's Rep 292

Wills - Seaman - Nuncupative will made by deceased merchant navy officer-Deceased, on shore leave, under orders to join ship- Validity-"Seaman being at sea"-Wills Act, 1837, Sect. 11.

HIGGINS v. RACECOURSE BETTING CONTROL BOARD.

[1952] 1 Lloyd's Rep 294

Negligence-Invitee-Unusual danger-Tent-peg outside marquee - Fall - Liability of occupier-Duty to warn.

MINISTRY OF FOOD v. AUSTRALIAN WHEAT BOARD.

[1952] 1 Lloyd's Rep 297

Sale of goods-Shipment-Deficiency on outturn- Payment-Alternative methods of ascertaining outturn weights-Bagged cargo (wheat) skipped and weighed at ultimate destination- Right of sellers to declare provisional invoice final-Method of discharge contrary to provisions of charter-party-Implied term- Custom of port-Australian Wheat Contract, No. 199-London Corn Trade Association Contract No. 12.

A/S SAMEILING v. GRAIN IMPORTERS (EIRE), LTD.

[1952] 1 Lloyd's Rep 313

Charter-party-Discharge of bulk grain cargo- Shipment under bill of lading incorporating charter-party terms-Cost of bagging on board before discharge-"Owners' agents and stevedores to be employed at discharging ports"- Cargo bagged by stevedores employed by charterers' agents-Right to debit shipowners with half cost-Custom of port (Cork)- Whether consistent with contract of carriage.

GREEN v. NEW ZEALAND SHIPPING COMPANY, LTD.

[1952] 1 Lloyd's Rep 318

Negligence-Safe system of working-Duty of care owed by employers-"Reasonable anticipation of damage"-Fatal accident to dock labourer on board ship-Fall down unguarded hold- Contributory negligence-Docks Regulations, 1934, Regulation 37 (a).

CERRITO v. NORTH EASTERN TIMBER IMPORTERS, LTD.

[1952] 1 Lloyd's Rep 330

Arbitration - Award - Motion to set aside - Misconduct of umpire - Sale of timber - Dispute as to quality-Right of buyers to reject-Whether notice of rejection out of time -Failure by arbitrators to agree-Duty of umpire to consider whole dispute-Error of law on face-Arbitration Act, 1950, Sect. 8 (2).

HUNWICK v. ESSEX RIVERS CATCHMENT BOARD.

[1952] 1 Lloyd's Rep 335

Negligence-Sea wall-Footpath on wall-Collapse of wall-Injury to person on footpath - Liability of catchment board-Hidden danger -Duty to warn-Sewers Act, 1833, Sect. 47- Land Drainage Act, 1930, Sect. 4 - Essex Rivers Catchment Board Transfer Order, 1932.

BRENNAN AND OTHERS v. CARLTON STEAMSHIP COMPANY, LTD., AND CAMBAY STEAMSHIP COMPANY, LTD.

[1952] 1 Lloyd's Rep 343

Master and servant-Contract of service-Shore-riggers -Standing-by time-Wages-Standard or overtime rates-Implied term-Incorporation of union rates-Appeal from County Court-Evidence of terms of employment- Conclusion of fact.

TRANS TRUST S.P.R.L. v. DANUBIAN TRADING COMPANY, LTD.

[1952] 1 Lloyd's Rep 348

Contract-Breach by buyers-Measure of damages -Chain contracts-Failure by buyers to procure letter of credit in favour of sellers' suppliers-Liability of sellers to suppliers- Sellers' right of recovery from buyers- Impecuniosity of sellers-Contemplation of parties.

THE "THALATTA."

[1952] 1 Lloyd's Rep 358

Bad berth-Damage to barge-Duty of berth-owners -Dispute as to cause of damage- Evidence of previous grounding-Proof.

THOMAS STONE (SHIPPING), LTD. v. THE ADMIRALTY AND OTHERS. SWAN, HUNTER, AND WIGHAM RICHARDSON, LTD. v. FRANCE FENWICK TYNE AND WEAR COMPANY, LTD. [THE "ALBION."]

[1952] 1 Lloyd's Rep 367

Towage-Conditions of towage-Collision between plaintiffs' steamship and uncompleted aircraft carrier while in tow-Aircraft carrier alone to blame-Blame apportioned equally between towage contractors and shipbuilders- Negligence and/or breach of contract by towage contractors-Right to indemnity from shipbuilders who had employed towage contractors to undertake tow-Liability of towage contractors to shipbuilders for breach of contract.

PRODUCE BROKERS NEW COMPANY (1924), LTD. v. BRITISH ITALIAN TRADING COMPANY, LTD.

[1952] 1 Lloyd's Rep 379

Sale of goods (c.i.f.)-Breach by sellers-Failure to ship-Measure of damages-Market value- Export duties-Sale of Goods Act, 1893, Sect. 51 (3).

BRAUER & CO. (GREAT BRITAIN), LTD. v. JAMES CLARK (BRUSH MATERIALS), LTD.

[1952] 1 Lloyd's Rep 385

Sale of goods-Non-performance-Force majeure- "Subject to export licence"-Prohibition of export below certain price-Price in excess of contract price.

COLIN & SHIELDS v. W. WEDDEL & CO., LTD.

[1952] 1 Lloyd's Rep 390

Sale of goods (c. & f.)-Documents-Rejection by buyers-Bill of lading and/or ship's delivery order-Discharging port in bill of lading not in conformity with contract of sale - Bill of lading subsequently indorsed "In transit to" discharging port under contract-Goods transhipped by barge- Tender of delivery order issued by shipowners and addressed to master porter of final discharging berth-Whether good tender- Goods in transit to final discharging port at time of tender.

CAMPBELL v. PORT OF LONDON AUTHORITY.

[1952] 1 Lloyd's Rep 399

Master and servant-Duty of employers to servants -Personal injuries sustained by dock labourer on board ship-Negligence of fellow employee -Liability of employers pro hac vice-Failure by employers to take reasonable and proper care-Lack of supervision-Contributory negligence.

SOCIEDADE PORTUGUESA DE NAVIOS TANQUES LIMITADA v. HVALFANGERSELSKAPET POLARIS A/S.

[1952] 1 Lloyd's Rep 407

Contract-Enforceability-Unfulfilled condition- Formation of charter-party - Signature by both parties-Consensus ad idem.

THE "BEAVERDELL."

[1952] 1 Lloyd's Rep 421

Negligent navigation - Dock - Drifting barge unattended-Vessel passing through cutting into another dock-Look-out.

HENDERSON & LIDDELL, LTD. v. N. B. BLOW, LTD.

[1952] 1 Lloyd's Rep 430

Contract-Sale of goods-Breach-Failure by sellers to deliver-Whether binding contract entered into-Authority of sellers' brokers- Bought and sold notes sent to parties by brokers-Confirmation slip.

PIKE v. WALDRUM AND PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY.

[1952] 1 Lloyd's Rep 431

Seaman - Insubordination - Insolent conduct- Refusal to comply with reasonable orders of master-Arrival at Australian port-Report made by muter to Naval Officer-in-Charge- Seaman arrested and imprisoned without trial -Whether report malicious-Legality of arrest -False imprisonment-Damages-Australia National Security Act, 1939-1943-National Security (General) Regulations, Regulation 51 A.

EAST INDIA TRADING COMPANY, INCORPORATED v. CARMEL EXPORTERS & IMPORTERS, LTD.

[1952] 1 Lloyd's Rep 456

International law - Foreign judgment - Enforcement in English Court-Breach of contract- Judgment of foreign Court awarding damages in foreign currency-Time for conversion.

SPALDING v. BRADLEY FORGE & ENGINEERING COMPANY, LTD.

[1952] 1 Lloyd's Rep 461

Negligence-Discharge of ship-Removal by contractors of dunnage from hold-Use of ship's winches - Hook lowered into hold - Dock labourer struck on head-Duty of winchman employed by contractors to exercise care - Whether look-out man should have been employed - Docks Regulations, 1934, Regulation 43.

EDMUND HANDCOCK (1929), LTD. v. "ERNESTO" (OWNERS).

[1952] 1 Lloyd's Rep 467

Damages-Detention during repairs-Damage to tug - Collision while towing - Admitted liability of tow under towage conditions- Right to recover expenses incurred for crew's wages and maintenance of tug during repair- No work for tug even if available.

THE "BHARATKHAND."

[1952] 1 Lloyd's Rep 470

Collision - Fog - Excessive speeds - Vessels on opposite courses-Alteration of course by both vessels - Sinking of vessel - Whether consequence of collision - Novus actus interveniens - Onus of proof - Collision Regulations, Art. 16.

LAWRENCE v. HOWLETT.

[1952] 1 Lloyd's Rep 483

Road Traffic Act, 1930-Motor vehicle-Auto-pedal cycle - Vital parts removed from engine - Use "simply as a pedal cycle"-No third-party policy in force-Conviction-Appeal-R.T.A., 1930, Sect. 1.

MINISTER OF MATERIALS v. WOLD STEAMSHIP COMPANY, LTD.

[1952] 1 Lloyd's Rep 485

Charter-party-Unseaworthiness-Latent defect- Exceptions clause - Fractured air pipe - Sea water damage to cargo-Liability of shipowners -Express warranty of seaworthiness- Effect of exceptions clause.

VERRALL v. PORT OF LONDON AUTHORITY.

[1952] 1 Lloyd's Rep 503

Negligence - Safe approaches in docks - Steps from loading bank - Slipperiness - Oil and grease on steps-Proof-Docks Regulations, 1934, Regulation 1.

ROBERT SHEARER, LTD. v. ROAD HAULAGE EXECUTIVE.

[1952] 1 Lloyd's Rep 512

Carriers - Customs clearance - Non-performance -Loss of market-Agreement to clear Customs disputed by carriers.

UNITED STATES OF AMERICA v. ATLANTIC MUTUAL INSURANCE COMPANY AND OTHERS.*

[1952] 1 Lloyd's Rep 520

Bill of lading-"Both-to-Blame" Collision Clause -Validity in United States-Public policy- Unreasonableness of provision limiting carrier's liability and restricting cargo-owner's rights - Harter Act, 1893, Sect. 3 - U.S. Carriage of Goods by Sea Act, 1936, Sects. 3 (8), 4 (2).

PLASTICMODA SOCIETA PER AZIONI v. DAVIDSONS (MANCHESTER), LTD.

[1952] 1 Lloyd's Rep 527

Sale of goods-Non-delivery by sellers-Letter of credit to be opened by buyers - Condition precedent to shipment-Delay in shipment- Credit not established in accordance with contract terms-Oral variation of contract- Conduct of seller-Waiver.

MARTIN v. MANCHESTER SHIP CANAL COMPANY.

[1952] 1 Lloyd's Rep 539

Negligence-Safe system of working-Ship entering lock-Plaintiff deckhand ordered to check headway-Use of stern rope-Plaintiff injured -Alleged failure by shipowners (employers) in their duty of care-Whether an abnormal operation-Proof of negligence.

LOUGHBOROUGH v. ROWLAND & MARWOOD'S STEAMSHIP COMPANY, LTD.

[1952] 1 Lloyd's Rep 542

Negligence - Safe premises - Repairs to ship - Alternative methods of approach - Alleged fall down unlighted bunker hatch-Onus of proof-Area of invitation.

THE "TRIVIA."

[1952] 1 Lloyd's Rep 548

Negligence - Sinking of barge in dock - Barge flooded with water from discharge pipe of ship moored nearby-Barge adrift from moorings- Respective duties - Port of London (Consolidation) Act, 1920, Sect. 155 (5).

SULLIVAN v. ANTWERP STEAMSHIP COMPANY, LTD.

[1952] 1 Lloyd's Rep 555

Negligence-Safe system of working-Ship loaded with drums of bitumen from barge alongside- Drums covered with bitumen from other drums which had fallen and broken open- Slipperiness-Stevedore's fall from tier of drums in ship's hold-Duty of defendant shipowners (employers) to take reasonable precautions to prevent accident-Whether adequate dunnage available - Docks Regulations, 1934, Regulations 36 (c), 41.

CENTRAL MEAT PRODUCTS COMPANY, LTD. v. J. V. McDANIEL, LTD.

[1952] 1 Lloyd's Rep 562

Contract-Sale of Goods-Breach by sellers-Implied condition as to quality-Fitness for purpose- Construction of contract - Terms of written contract to be "taken as having been written into" London Corn Trade Association Contract Form No. 60 - Arbitration - Inconsistency between arbitration provisions-Applicability of "Scott v. Avery" clause-Damages-Sale of Goods Act, 1893, Sects. 14 (1), 53 (3).

Lloyd's Law Reports