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FROTA NACIONAL DE PETROLEIROS v. SKIBSAKTIESELSKAPET THORSHOLM.

[1957] 1 Lloyd's Rep. 1

Arbitration - Stay of proceedings - Dispute under charter-party - "Differences . . . shall be put to arbitration in the City of London" - Notice of cancellation by owners - Action for damages commenced by charterers in U.S. - Exceptions filed by owners in U.S. - Arbitrator appointed by owners in London - Charterers notified - Motion by charterers to restrain owners from continuing with arbitration - Power of Court to revoke arbitrator's authority - Arbitration Act, 1950, Sect. 1.

THE "FIRESIDE."

[1957] 1 Lloyd's Rep. 6

Collision - River - Misty weather - Reduced visibility - Seamanship - Vessels on opposite courses - Undetected error by helmsman - Drastic manoeuvres to regain channel - Embarrassment to approaching vessel - Lookout - Helm action.

CARPENTER v. W. LUSTY & SONS, LTD.

[1957] 1 Lloyd's Rep. 16

Road and Rail Traffic Act, 1933 - Licensing of goods vehicles - C licence - Offence - Export packers and shippers' forwarding agents - Carriage after preparation of goods for shipment - Whether carriage for hire or reward - "Treatment in the course of trade or business" - Sects. 1 (1), (5) (b), 2 (4).

GRAVATT v. CARD.

[1957] 1 Lloyd's Rep. 19

Negligence - Motor car - Injury to dock labourer on road, waiting for "call on" - Defective agreed medical reports.

WARREN v. PORT OF LONDON AUTHORITY.

[1957] 1 Lloyd's Rep. 23

Negligence - Barge - Safe premises - Injury to stevedore owing to hole in ceiling - Admitted liability of barge-owners - Award of £2270 damages.

PETER CASSIDY SEED COMPANY, LTD. v. OSUUSTUKKUKAUPPA I.L.

[1957] 1 Lloyd's Rep. 25

Sale of goods (f.o.b.) - Non-delivery by sellers - "Delivery: prompt, as soon as export licence granted" - Export unlawful except under licence - Sellers unqualified to obtain licence - Implied term - Liability of sellers - Observations by learned Judge on failure by litigants to use special facilities provided by Commercial Court.

BROWN, JENKINSON & CO., LTD. v. PERCY DALTON (LONDON), LTD.

[1957] 1 Lloyd's Rep. 31

Bill of lading - Shipment "in apparent good order and condition" - Cargo admittedly shipped in damaged condition - Issue of clean bills against shippers' letter of indemnity - Enforceability - Illegality - Commercial practice.

KRAWILL MACHINERY CORPORATION v. ROBERT C. HERD & CO., INC., AND ANOTHER.*

[1957] 1 Lloyd's Rep. 40

Bill of lading - Damage to cargo prior to loading - Negligence of stevedores - Bill of lading not issued - Stevedores' right to limitation under bill of lading terms and/or under U.S. Carriage of Goods by Sea Act, 1936 ("Cogsa") - Sects. 1 (e), 3, 4 (5).

THE "CEDARTREE."

[1957] 1 Lloyd's Rep. 51

Collision - River - Anchored vessel - Oil lights - Whether burning brightly - Employment of night watchman - Whether duty on small vessel to provide full anchor watch - Look-out.

THE "M.S.C. PANTHER" AND THE "ERICBANK."

[1957] 1 Lloyd's Rep. 57

Collision - Canal - Steam barge passing tug and tow - Seamanship - Failure by barge to hold back - Duty of tow to signal to stern tug that she was passing a vessel - Damage to barge aggravated by tug's moving propeller - Liability of tow for negligence of tug - Harbour and Port of Manchester By-laws, Nos. 6, 15.

WHEELER v. LONDON & ROCHESTER TRADING COMPANY, LTD.

[1957] 1 Lloyd's Rep. 69

Master and servant - Occupational hazard - Duty of employers to warn inexperienced employee - Injury to young seaman while putting out fender - Contributory negligence - Limitation of liability of employers - Merchant Shipping Act, 1894, Sect. 503.

FLATMAN v. J. FRY & CO., LTD.

[1957] 1 Lloyd's Rep. 73

Negligence - System of working - Unloading of timber from vessel into barge - Use of single sling - Injury to stevedore - Liability of employers - Probabilities - Onus of proof. Solicitors - Hearing of action - Case set down - Duty to watch warned list - Failure to appear owing to misunderstanding - Personal liability for costs thrown away.

ANGLO-SAXON PETROLEUM COMPANY, LTD. v. ADAMASTOS SHIPPING COMPANY, LTD.

[1957] 1 Lloyd's Rep. 79

Charter-party - Construction - Incorporation of U.S. Clause Paramount - Consecutive voyages within specified period - Unseaworthiness causing delay by owners in tendering at loading ports - Applicability of U.S. Carriage of Goods by Sea Act, 1936 - "Falsa demonstratio non nocet" - Non-cargo-carrying and cargo-carrying voyages - Liability of owners for "loss or damage" arising from unseaworthiness - Meaning of "loss or damage - Sects. 2, 3, 4, 5, 13. Arbitration - Costs - Interim award - Case stated - Further questions formulated and answered to assist umpire in making final award - Umpire's findings on law partly upset - - Motion to remit award on costs of interim award - Discretion of Court.

BENBOW v. NEW ZEALAND SHIPPING COMPANY, LTD.

[1957] 1 Lloyd's Rep. 95

Master and servant - Fellow-employee - Loading of barge - Dock labourer struck by set of cargo - Negligence of crane-driver - Liability of employers.

THOMPSON v. ROYAL MAIL LINES, LTD.

[1957] 1 Lloyd's Rep. 99

Negligence - Personal injury claim - Damages - Assessment.

VINCENT v. PORT OF LONDON AUTHORITY.

[1957] 1 Lloyd's Rep. 103

Master and servant - Negligence of fellow-employee - Foreseeability of risk of accident - Injury to dock labourer during weighing of bales of rubber in dock warehouse - No evidence of any previous similar accident.

THE "RIVERTON."

[1957] 1 Lloyd's Rep. 108

Collision - River - Bend in river - Starboard-hand rule - Excessive speeds - Duty of vessel navigating against tidal stream and rounding sharp bend - Seamanship - Look-out - Port of London River By-laws, 1938, Rules 38, 42 (a).

WILLIAMS v. LLOYD'S UNDERWRITERS.

[1957] 1 Lloyd's Rep. 118

Insurance-Personal accident insurance-Disablement -Inability to resume normal employment -Construction of policy-Meaning of "permanent total disablement."

R. S. HARTLEY, LTD. v. PROVINCIAL INSURANCE COMPANY, LTD.

[1957] 1 Lloyd's Rep. 121

Arbitration-Award-Motion to set aside- Misconduct of arbitrator-Findings of fact- -Jurisdiction of Court.

PARSONS v. A. W. KING & CO. (LONDON), LTD.

[1957] 1 Lloyd's Rep. 123

Master and servant - Fellow-employee - Discharging of cargo from vessel overside into barge in dock - Use of shore crane - Injury to stevedore - Alleged negligence of crane-driver - Liability of employers.

ALLAN v. LEO LINES, LTD.

[1957] 1 Lloyd's Rep. 127

Shipbrokers-Sale of ship-Commission-Sale effected through two different channels- Effective cause of sale-Rate of commission- Whether expressly or impliedly agreed- Normal practice as to rate and payment of commission.

THE BARGE "T-429."

[1957] 1 Lloyd's Rep. 135

Negligent navigation-Barge adrift from moorings at wharf-Damage to schooner moored at adjacent wharf-Inference of negligence- Res ipsa loquitur-Inevitable accident- Breaking adrift during severe storm-Onus of proof.

SHANLEY v. WEST COAST STEVEDORING COMPANY AND LAMPORT & HOLT LINE, LTD.

[1957] 1 Lloyd's Rep. 144

Negligence-Unusual danger-Safe premises- Unloading of vessel in dock-Locking bars lying on deck near winch-Hatch signaller injured when locking bar inadvertently became caught in winch-Duty to fence winch - Meaning of "motor" - Docks Regulations, 1934, Regulation 26.

THE "OUSEL."

[1957] 1 Lloyd's Rep. 151

Admiralty practice-Salvors' lien-Arrest of cargo in ship-Ship holed and beached, creating obstruction - Expenses of removal - Prior right of harbour authority.

ALEXANDER v. GLENBROOME, LTD.; ALEC ALEXANDER, LTD. v. SAME.

[1957] 1 Lloyd's Rep. 157

NICOLSON v. SHAW SAVILL & ALBION COMPANY, LTD.

[1957] 1 Lloyd's Rep. 162

Negligence - System of working - Work preparatory to washing down ship's funnel -Seaman temporarily employed as rigger and unaccustomed to particular task-Omission by chargehand to give proper instructions- Injury to seaman-Contributory negligence.

UNIVERSAL CARGO CARRIERS CORPORATION v. PEDRO CITATI.

[1957] 1 Lloyd's Rep. 174

Charter-party-Rescission-Delay by charterer in nominating shipper, in nominating berth, and in providing cargo-Warranty or condition- Cancellation by owners before expiry of lay days-Inability to load within lay-time- Anticipatory breach-Unreasonable delay- Length of delay justifying rescission- Frustration.

DAVIDS PROPRIETARY, LTD. v. GEORGE WILLS & CO., LTD.*

[1957] 1 Lloyd's Rep. 203

Sale of goods - Merchantability - Canned foodstuffs -Normal essential qualities-Change in method of manufacture-Goods consequently lacking in lasting quality - Purchaser unaware of implications of change-Caveat emptor-Meaning of "merchantable"-Sale of Goods Act, 1923 (N.S.W.), Sect. 19.

NEWMAN INDUSTRIES, LTD. v. INDO-BRITISH INDUSTRIES, LTD. (GOVINDRAM BROTHERS, LTD., THIRD PARTIES).

[1957] 1 Lloyd's Rep. 211

Sale of goods (f.o.b.)-Consensus ad idem-Sale of second-hand generator-Resale by buyers to Indian company-Disputed terms of sale and resale-Claim for price.

THE "OLYMPIC ROCK."

[1957] 1 Lloyd's Rep. 221

Salvage-River-Vessel aground-Salvage services admittedly rendered by tugs-Increasing danger-Risk to tugs-Assessment of awards.

THE "DURANGO."

[1957] 1 Lloyd's Rep. 230

Collision-River-Turning in river-Look-out.

GRIFFIN v. PORT OF LONDON AUTHORITY.

[1957] 1 Lloyd's Rep. 238

Master and servant-Fellow-employee-Loading of grain into barge by means of grain elevator- -Sudden discharge of grain without warning-Injury to cornporter-Liability of employers.

CARLOS FEDERSPIEL & CO., S.A. v. CHARLES TWIGG & CO., LTD., AND ANOTHER.

[1957] 1 Lloyd's Rep. 240

Sale of goods (f.o.b.)-Passing of property- Unascertained goods by description- Payment by buyers-Goods not shipped- Winding-up of defendant company (sellers) -Right of receiver to retain goods against buyers-Whether goods were appropriated to contract and property had passed to buyers -Damages.

IN RE MILLER, GIBB & CO., LTD. (IN LIQUIDATION).

[1957] 1 Lloyd's Rep. 258

Insurance-Subrogation-Export credits guarantee -Export of goods by British company to foreign buyers-Policy guaranteeing payment -Currency restrictions preventing payment- Exporters indemnified under policy-Assignment to insurers of exporters' rights against foreign buyers-Winding up of British company-Subsequent receipt of purchase price - Claim by insurers-Whether an assignment.

BURNS, PHILP & CO., LTD. v. NELSON & ROBERTSON PROPRIETARY, LTD.*

[1957] 1 Lloyd's Rep. 267

Australia-Salvage-Cargo-Limitation of action -Claim brought against owner of cargo on salved ship more than two years after salvage services rendered-Whether action statute-barred - Construction of statute - Ambiguity-Australian Federal Navigation Act, 1912-1953, Sect. 396-Maritime Conventions Act, 1911, Sect. 8.

ANGLO-SAXON PETROLEUM COMPANY, LTD. v. ADAMASTOS SHIPPING COMPANY, LTD.

[1957] 1 Lloyd's Rep. 271

Charter-party-Construction-Incorporation of U.S. Clause Paramount-Consecutive voyages within specified period-Unseaworthiness causing delay by owners in tendering at loading ports-Applicability of U.S. Carriage of Goods by Sea Act, 1936-"Falsa demonstratio non nocet"-Non-cargo-carrying and cargo-carrying voyages-Liability of owners for "loss or damage" arising from unseaworthiness -Meaning of "loss or damage" -Sects. 2, 3, 4, 5, 13.

SCHWARZ & CO. (GRAIN), LTD. v. "ST. ELEFTERIO" (OWNERS).

[1957] 1 Lloyd's Rep. 283

Admiralty Court-Jurisdiction-Writ in rem- Motion to set aside-Alleged restriction on right to proceed in rem under Administration of Justice Act, 1956. Sects. 1 (1) (h), 3 (4).

RICHARDS v. HIGHWAY IRONFOUNDERS (WEST BROMWICH), LTD.

[1957] 1 Lloyd's Rep. 289

Factories Act, 1937-Dust-Iron foundry- Silicosis-"Substantial quantity of dust"- Duty of employers to take "all practicable measures . . . to protect the persons employed"-Use of masks-Whether practicable -Dust not known to be dangerous when disease contracted-Sect. 47 (1).

COMPANIA NAVIERA AZUERO, S.A. v. BRITISH OIL & CAKE MILLS, LTD., AND OTHERS.

[1957] 1 Lloyd's Rep. 312

Charter-party - Demurrage - Calculation of lay days-Two ports of discharge - "Cargo to be received . . . at an average rate of not less than 1000 tons per weather working day"- Whether laytime to be computed separately for each port. Charter-party - Demurrage - Calculation of lay days - "Weather working day" - Time to be allowed in respect of periods of rain- Meaning of "weather working day".

CLARKE v. ADMIRALTY.

[1957] 1 Lloyd's Rep. 331

Negligence-Safe means of access-Staging- Vessel in dry dock-Ship's painter's fall- Duty to fence staging - Contributory negligence.

THE "INDUS."

[1957] 1 Lloyd's Rep. 335

Collision-River-Fog-Vessel crossing river-Use of radar station-Speed-Signals-Look-out- Radar on board vessel not used-Seamanship.

THE "LISSEKERK."

[1957] 1 Lloyd's Rep. 349

Collision-Overtaking vessels - Vessels on converging courses-Look-out-Signals.

WISEMAN v. CUNARD STEAM-SHIP COMPANY, LTD.

[1957] 1 Lloyd's Rep. 356

Master and servant-Sate premises-Means of access-Seaman's fall on companionway- Liability of shipowners.

SARGENT v. GEE STEVEDORING COMPANY, LTD.

[1957] 1 Lloyd's Rep. 357

Master and servant-System of working-Unloading pipes from barge on to ship-Stevedore's fall on slippery pipes-Occupational hazard- Method of removing pipes from barge- Whether safe system-Liability of employers.

WILCOCK v. BRITISH TRANSPORT COMMISSION.

[1957] 1 Lloyd's Rep. 360

Master and servant-System of working- Warping vessel in dock-Seaman injured by wire-Whether duty on shipowners to provide "third man" to assist in operation -Evidence as to normal system-Foreseeable danger.

RICHARDS v. W. F. WHITE & CO. AND FLOTA ARGENTINA DE NAVEGACION DE ULTRAMAR, CIA. ARGENTINA DE NAVEGACION DODERO.

[1957] 1 Lloyd's Rep. 367

Negligence-Safe premises-Unusual danger- Patch of oil on ship's deck-Dock labourer's fall-Liability of stevedores and/or shipowners.

GRADLEY v. PORT OF LONDON AUTHORITY.

[1957] 1 Lloyd's Rep. 370

Damages-Personal injuries claim-Assessment.

SMITH v. L. J. HOVEY, LTD.

[1957] 1 Lloyd's Rep. 372

Negligence-Unloading timber from vessel in dock-Injury to tally clerk-Alleged negligence of stevedores-Contributory negligence.

COLLINS v. PALM LINE, LTD.

[1957] 1 Lloyd's Rep. 374

Negligence-Unusual danger-Unloading logs from vessel-Injury to stevedore in hold- Use of dunnage in stowage-Alleged trap- Liability of shipowners.

DRISCOLL v. H. LANGE, BELL & Co., LTD.

[1957] 1 Lloyd's Rep. 377

Master and servant-Fellow-employee-System of working-Unloading timber from vessel into barge-Injury to stevedore in barge-Faulty set of timber-Obvious danger-Liability of employers-Contributory negligence.

WORLD TRANSPORT AGENCY, LTD. v. ROYTE (ENGLAND), LTD.

[1957] 1 Lloyd's Rep. 381

Principal and agent-Shipping agents-Negligence -Importing of potatoes-Delay in making Customs entries resulting in payment of duty at increased rate-Liability of agents.

SHANLEY v. WEST COAST STEVEDORING COMPANY AND LAMPORT & HOLT LINE, LTD.

[1957] 1 Lloyd's Rep. 391

Negligence - Unusual danger - Safe premises - Unloading of vessel in dock-Locking bars lying on deck near winch-Hatch signaller injured when locking bar inadvertently became caught in winch-Duty to fence winch- Meaning of "motor"-Docks Regulations, 1934, Regulation 26.

THE "SAURIA" AND THE "TRENT."

[1957] 1 Lloyd's Rep. 396

Admiralty practice - Limitation of action - Collision-Delay in issuing summons-Alleged contract not to plead statute in bar - Discretion of Court to extend time-Maritime Conventions Act, 1911, Sect. 8.

THE "HUNTSMAN."

[1957] 1 Lloyd's Rep. 404

Collision-River-Vessel entering dock-Barges caused to swing by manoeuvres of vessel- Impact between barge and vessel's propeller -Whether barges negligently moored-Vessel in light draught-Foreseeability of danger- Look-out-Port of London Dock By-laws, 1928, By-law 18.

WALTON v. NEWCASTLE-ON-TYNE CORPORATION.

[1957] 1 Lloyd's Rep. 412

Road Traffic Act, 1930-Road-Mobile cranes used on dock road-Alleged offences contrary to Act-Whether road a private road and not within Act-Applicability of Regulations made under the Act-Sect. 121 (1)-Motor Vehicles (Authorization of Special Types) General Order, 1955-Motor Vehicles (Construction and Use) Regulations, 1955.

J. & J. CUNNINGHAM, LTD. v. LUCAS.

[1957] 1 Lloyd's Rep. 416

Contract-Partnership-Sale of goods-Importation and sale of shipment of Dutch potatoes on joint venture basis-Dispute between parties as to whether further shipment was also on joint venture basis-Proof.

KENNEDY v. LAMPORT & HOLT LINE, LTD. (PROPRIETORS OF THE THAMES STEVEDORING COMPANY).

[1957] 1 Lloyd's Rep. 425

Master and servant-Safe premises-Unloading of bags of peas from vessel on to quay-Tally clerk's fall owing to loose peas on quay- Alleged negligence of fellow-employee in failing to keep quay clear-Liability of employers.

REPUBLIC OF CHINA, CHINA MERCHANTS STEAM NAVIGATION COMPANY, LTD., AND UNITED STATES OF AMERICA v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, AND AMERICAN INTERNATIONAL UNDERWRITERS, LTD.

[1957] 1 Lloyd's Rep. 428

Marine or war insurance-Barratry-Seizure- F.c. & s. Clause-Civil war-Marine and war risk insurances, excluding seizure-Vessels owned by Chinese Nationalist Government- Defection of crews to Chinese Communist Government-Admitted constructive total loss -Whether loss due to barratry or seizure- Meaning of "consequences of civil war" and "risks of civil war, revolution, rebellion, insurrection or civil strife arising therefrom" -American Institute Clauses.

NORMAN AND MORAN v. NATIONAL DOCK LABOUR BOARD.

[1957] 1 Lloyd's Rep. 455

Dock Labour Scheme-Local Board-Proceedings - Alleged wrongful dismissal of dock workers - Whether proceedings contrary to principles of natural justice-Dock Workers (Regulation of Employment) Scheme, 1947.

THE "PALLAS."

[1957] 1 Lloyd's Rep. 475

Collision - River - Turning in river - Signals- Look-out - Avoiding action - Duty to continue turning manoeuvre - Whether manoeuvre commenced at proper time - Seamanship.

BARNES v. PORT OF LONDON AUTHORITY.

[1957] 1 Lloyd's Rep. 486

Master and servant-Employers' duty of care- Railway at dock-Shunter's fall from engine owing to obstruction close to track-Liability of employers - Contributory negligence - Shunter unwilling to accept employment offered by employers after accident-Effect on quantum of damages.

LYON v. HARLAND & WOLFF, LTD.

[1957] 1 Lloyd's Rep. 493

Master and servant - Fellow-employee - Safe premises-Lighting-Injury to chargehand electrician when attempting to guide hook of crane clear of obstruction on ship's deck- Alleged negligence of crane-driver-Whether deck adequately lighted-Liability of employers-Docks Regulations, 1934, Regulations 12, 50.

DENNY v. WALTER WILSON & SON, LTD.

[1957] 1 Lloyd's Rep. 497

Negligence-System of working-Unloading of timber from vessel into lighter-Use of single sling-Injury to stevedore-Danger of timber "shooting"-Occupational hazard-Liability of employers-Contributory negligence.

THE "NORSEMAN" (OWNERS) v. BRITISH TRANSPORT COMMISSION. (THE "NORSEMAN.")

[1957] 1 Lloyd's Rep. 503

Admiralty practice-Payment into Court-Interest on damages-Whether "interest of money" -Deductibility of income tax-Effect on sufficiency of payment into Court-Duty to indicate that deduction had been made from payment into Court-Income Tax Act, 1952, Sects. 169, 170.

THE "FEHMARN."

[1957] 1 Lloyd's Rep. 511

Admiralty practice-Carriage of goods action- Jurisdiction of court-Stay of proceedings- Cargo of turpentine delivered in contaminated condition-Claim by cargo-owners against shipowners-Bill of lading terms requiring disputes to be "judged in U.S.S.R."-Whether Court had jurisdiction, and, if so, whether proceedings should be stayed-Administration of Justice Act, 1956, Sect. 1 (1) (g).

N. V. HANDEL MY. J. SMITS IMPORT-EXPORT v. ENGLISH EXPORTERS (LONDON), LTD.

[1957] 1 Lloyd's Rep. 517

Contract-Sale of goods f.o.b. Rotterdam-Failure by buyers to arrange for shipping space- Alleged variation of normal obligations under f.o.b. contract-Whether sellers bound to obtain shipping space.

J. DOLTIS, LTD. v. ISAAC BRAITHWAITE & SONS (ENGINEERS), LTD.

[1957] 1 Lloyd's Rep. 522

Negligence-Fire-Contractors' duty of care- Testing of chimney-Use of lighted newspaper in fireplace-Damage by fire in another part of premises through inter-communicating chimneys-Whether natural user of fireplace-Alleged escape-Foreseeability of risk-Liability of contractors.

MIDDLEDITCH v. UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD.

[1957] 1 Lloyd's Rep. 531

Negligence-System of working-Unloading of cargo in cases from vessel-Tipping of dunnage-Injury to dock labourer-Alleged negligent use of dunnage in stowage- Occupational hazard-Duty of employers to warn-Alleged obvious danger-Liability of employers (shipowners).

Lloyd's Law Reports