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NORTHERN FISHING COMPANY (HULL), LTD. v. EDDOM AND OTHERS. (THE "NORMAN.")

[1959] 1 Lloyd's Rep 1

Limitation of liability-Actual fault or privity of owners-Foundering of trawler on uncharted rock-Navigational fault-Information as to rock not passed by owners to trawler while at sea-Alleged insufficiency of officers trained in radar.

THE "LIVERPOOL."

[1959] 1 Lloyd's Rep 17

Limitation of liability-Form of decree-"Claims in respect of loss of, or damage to, vessels, goods, merchandise or other things"-Claim by harbour authority to share in fund in Court - Appeal by shipowners to obtain amendment to decree - R.S.C. Order 55h - Annual Practice, Appendix Q.

SWALES v. IMPERIAL CHEMICAL INDUSTRIES, LTD., AND TORRIDGE COASTERS, LTD.

[1959] 1 Lloyd's Rep 23

Negligence-Occupational hazard-Safe premises -Loading of vessel at quayside-Stevedore's fall from unprotected cat-walk-Liability of employers and/or shipowners.

RATCLIFF v. SHELL PETROLEUM COMPANY, LTD.

[1959] 1 Lloyd's Rep 36

Master and servant - Means of access - Cat-walk (flying bridge) between crew's quarters and bridge of tanker-Seaman's fall over hose pipe along cat-walk-Whether foreseeable danger -Liability of shipowners.

CRUSH v. HARLAND & WOLFF, LTD.

[1959] 1 Lloyd's Rep 41

Master and servant-Fellow-employe-Positioning of 2-ton pedestal on deck of vessel in dock -Use of ship's derrick-Sudden movement of pedestal crushing plater's foot - Whether movement was due to negligence of winch operator or normal reaction of tackle.

LUSH v. T. F. MALTBY, LTD. (HONEYWOOD, THIRD PARTY.)

[1959] 1 Lloyd's Rep 46

Master and servant - Safe premises - Fellow-employee-Dangerous floor-Trucking of cocoa beans in bags into dock shed-Dock worker's fall-Dispute as to cause-Alleged push by fellow-employee-Alleged abnormal quantity of loose beans on floor-Liability of employers - Claim by employers to be indemnified by fellow-employee.

BURKE v. NEW FRESH WHARF, LTD.

[1959] 1 Lloyd's Rep 57

Master and servant - Safe premises - Dangerous floor-Dock worker injured while pulling trolley along floor of employers' warehouse - Obstructions on floor-Liability of employers.

PRACTICE NOTE.

[1959] 1 Lloyd's Rep 62

Refresher fees to Counsel.

THE "ARABERT."

[1959] 1 Lloyd's Rep 63

Collision-River-Turning in river-Vessel proceeding, against tide, through Swing Bridge, and approaching turning vessel-Speed-Duty to hold back-Whether turning manoeuvre by other vessel commenced at an improper time -Tyne Improvement Commission By-laws, 1884, By-laws 22, 25-Tyne Improvement Commission Swing Bridge Directions and Regulations, 1895, Regulation No. 8.

BRITISH TRANSPORT COMMISSION v. THE "PATRIA" (OWNERS), KENT COUNTY COUNCIL AND OTHERS. (THE "PATRIA.") THE "PATRIA" (OWNERS) v. KENT COUNTY COUNCIL AND OTHERS. (THE FIRE FLOAT VESSEL "No. 2.")

[1959] 1 Lloyd's Rep 73

Negligent navigation-Hampering of vessel by fire float adrift in river-Collision of vessel with bridge over river - Claim by bridge owners against shipowners, and owners and occupants of fire float - Claim by shipowners against owners and occupants of fire float-Failure of Fire Brigade officers to consider safety of navigation.

SMITH v. COCKING.

[1959] 1 Lloyd's Rep 88

Pilotage-Unlicensed pilot-Offence contrary to Pilotage Act, 1913, Sect. 30 (3).

WILCZEK v. GARDINER & TIDY, LTD.

[1959] 1 Lloyd's Rep 91

Negligence-Safe premises-Unusual danger- Carpenter's fall from wharf-Alleged patch of ice constituting an unusual danger-Duty on wharf owners to fence berthing edge of wharf-Alleged breach by wharf owners of Docks Regulations, 1934, Regulation 1- Whether carpenter employed in the "processes of loading . . . and handling goods"- Alleged duty to fence edge of quay-Docks Regulations, 1934, Regulation 1.

WOOD v. NORTH THAMES GAS BOARD.

[1959] 1 Lloyd's Rep 101

Master and servant - Fellow-employee - Safe premises-System of working-Hatchwayman, standing on cat-walk, struck by bond wires of grab-Negligence of crane-driver- Adequacy of cat-walk-Liability of employers.

PRACTICE NOTE.

[1959] 1 Lloyd's Rep 109

Estimated length of trial - Duty of Counsel, Counsel's clerks and solicitors.

UNION NATIONALE DES CO-OPERATIVES AGRICOLES DE CEREALES v. ROBERT CATTERALL & CO., LTD.

[1959] 1 Lloyd's Rep 111

Arbitration-Foreign award-Enforceability in England-Whether award "final"-Arbitration Act, 1950, Sects. 26, 36, 37, 39.

JESSOP v. NEWINGTON STEAM TRAWLING COMPANY, LTD. (THE "WARWICK DEEPING.")

[1959] 1 Lloyd's Rep 118

Master and servant-Seaman lost overboard from fishing vessel - Foreseeability - Alleged negligence of skipper-Liability of shipowners.

LOUIS DREYFUS & CIE. v. PARNASO CIA. NAVIERA, S.A. (THE "DOMINATOR.")

[1959] 1 Lloyd's Rep 125

Charter-party - Cargo - "Quantity in owners' option, to be declared by the master . . ." -Vessel unable to load declared quantity- Whether master's declaration had any contractual effect - Whether shipowners exempted from liability by "exceptions clause"-"Gencon" charter-party. Charter-party - "Exceptions clause" - Construction - Whether shipowners exempted from liability for failure to load contract quantity of goods - "Gencon" charter-party.

EVERA S.A. COMMERCIAL v. BANK LINE, LTD. (THE "GLENBANK.")

[1959] 1 Lloyd's Rep 133

Charter-party-"Argentine Maritime Pensions Tax to be for charterers' account" - Tax demanded paid by shipowners - Claim to recover from charterers-Denial by charterers that shipowners were liable for entire sum paid-Whether entire sum paid recoverable from charterers.

TOMLINSON v. ELLERMAN'S WILSON LINE, LTD.

[1959] 1 Lloyd's Rep 141

Master and servant - System of working - Safe plant and appliances-Governor on steamship working erratically - Donkeyman injured while operating throttle lever - Whether acting in scope of his employment - Foreseeability of danger - Liability of shipowners-Contributory negligence.

MACE v. R. & H. GREEN AND SILLEY WEIR, LTD., AND BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

[1959] 1 Lloyd's Rep 146

Docks Regulations, 1934 - Means of access - Boilermaker's fall from ladder in hold of vessel in dock, due to rope on ladder- Discharge of bagged cargo from hold completed, crew sweeping up spillage- Applicability of Docks Regulations, 1934- Meaning of "hold in which work is being carried on"-Regulation 11 (1). Master and servant-Safe premises-Duty of employer to ensure safety of premises to which servant is sent to work-Boilermaker's fall from ladder in hold of vessel in dock- Whether employees under duty to inspect ladder. Invitee - Unusual danger - Rope on ladder - Boilermaker's fall from ladder in hold of vessel in dock, due to rope on ladder- Whether boilermaker fully appreciated danger -Liability of shipowners.

THE "BOWCOMBE."

[1959] 1 Lloyd's Rep 159

Collision - River - Crossing vessel - Vessel approaching bend in river-Excessive speed - Signals - Look-out - Blyth Harbour Commission By-laws, 1925, By-law 9.

E. M. DENNY & CO., LTD. v. WHOLESALERS (AUSTRALIA) PROPRIETARY, LTD.

[1959] 1 Lloyd's Rep 167

Contract-Offer and acceptance-". . . all our offers in future must be construed as being 'Subject to confirmation'" - Allegation that contract was concluded on acceptance of cabled offer-Whether cabled offer made subject to confirmation and not confirmed.

LOWTHER v. H. HOGARTH & SONS, LTD.

[1959] 1 Lloyd's Rep 171

Occupiers' Liability Act, 1957 - Visitor - Common duty of care - Slippery floor - Stevedore's fall on patch of oil on deck of vessel-Liability of shipowners. Practice - Costs - Medical evidence - "Medical report be agreed, if possible and . . . if not the medical evidence be limited to two witnesses for each party".

KONDIG v. HEPBURN.

[1959] 1 Lloyd's Rep 183

Insurance-Water damage insurance-Warehouse -Sugar-beet seed insured "whilst in any massive warehouse in Rotterdam"-Flood- Claim by assured-Whether warehouse a "massive warehouse"-Whether damage due to water-Measure of damages.

CAMPBELL v. HARLAND & WOLFF, LTD.

[1959] 1 Lloyd's Rep 198

Shipbuilding Regulations, 1931 - Staging - Plater's fall from staging round vessel in dry dock - Insufficient width of staging - Contributory negligence-Regulations 14, 53.

THE "DONA MYRTO."

[1959] 1 Lloyd's Rep 203

Collision-Crossing vessels-Stand-on vessel waiting for pilot-Give-way vessel aware of her intention-Duty of give-way vessel-Seamanship -Collision Regulations, 1954, Rules 19, 21, 22, 23.

ALLGEMEINE TREUHAND, A.G. v. THE "AROSA KULM" (OWNERS). (THE "AROSA KULM.")

[1959] 1 Lloyd's Rep 212

Ship-Mortgage peculiar to Panama-Panamanian vessel mortgaged by owners to themselves to secure mortgage bonds issued by owners- Validity under Panamanian law.

NORTON v. HAY'S WHARF, LTD.

[1959] 1 Lloyd's Rep 219

Master and servant-Safe premises-Lighting- Loading of ingots from warehouse into skip- Dock worker injured by ingot falling from stack-Liability of employers.

WALTON (GRAIN & SHIPPING), LTD. v. BRITISH ITALIAN TRADING COMPANY, LTD.

[1959] 1 Lloyd's Rep 223

Sale of goods (c.i.f.) - Prohibition of export - Right of sellers to extension of time for shipment under "force majeure" clause - Frustration-Alleged absolute duty on sellers to ship within contract time-London Oil & Tallow Trades Association Contract, Form 44, Clause 15.

ULLAH v. HALL LINE, LTD.

[1959] 1 Lloyd's Rep 238

Master and servant - System of working - Safe plant and appliances - Lascar's fall on board ship owing to breaking rope-Alleged defective rope and lack of supervision - Liability of shipowners.

SOCIETE FRANCO-TUNISIENNE D'ARMEMENT - TUNIS v. THE GOVERNMENT OF CEYLON. (THE "MASSALIA.")

[1959] 1 Lloyd's Rep 244

Arbitration-Award-Motion to set aside or remit -Settlement of final accounts between owners and charterers under charter-party - Jurisdiction of arbitrator-Misconduct-Terms of reference.

PRACTICE NOTE.

[1959] 1 Lloyd's Rep 256

Intitulement of Chancery proceedings.

MEAH v. H. HOGARTH & SONS, LTD.

[1959] 1 Lloyd's Rep 257

Master and servant-Unnecessary risk-Seaman, washing down paintwork on board ship, injured by sudden heavy sea-Foreseeability of danger-Alleged negligence of chief officer in putting seaman to work in dangerous position-Liability of shipowners.

MOORE v. METCALF MOTOR COASTERS, LTD.

[1959] 1 Lloyd's Rep 264

Master and servant-Means of access-Gangway from ship to shore - Death of seaman by drowning-Dispute as to cause-Alleged fall from defective gangway-Whether stanchion on gangway defective or unsuitable-System of maintenance - Contributory negligence - Docks Regulations, 1934, Regulation 9.

THE "IMPETUS."

[1959] 1 Lloyd's Rep 269

Towage-Collision between tug and tow-Admitted negligence of tug-Whether collision occurred "whilst towing" and tugowners exempted from liability by terms of United Kingdom Standard Towage Conditions.

THE "POTARO."

[1959] 1 Lloyd's Rep 280

Collision - Fog - Fishing vessel - Signals - Speeds-Alteration of course before sighting -Whether fishing vessel ringing bell to indicate that she was fishing - Duty on trawling vessel to stop on hearing fog signals from another vessel forward of her beam.

MIDLAND SILICONES, LTD. v. SCRUTTONS, LTD.

[1959] 1 Lloyd's Rep 289

Bill of lading-Damage to cargo after discharge -Negligence of stevedores-Bills of lading incorporating U.S. Carriage of Goods by Sea Act, 1936, and limiting carriers' liability to 500 dols. per package-Whether stevedores protected.

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

[1959] 1 Lloyd's Rep 305

Bill of lading - Damage to cargo prior to loading - Negligence of stevedores - Stevedores' right to limitation under bill of lading terms and/or under U.S. Carriage of Goods by Sea Act, 1936 ("Cogsa"), Sect. 4 (5).

COCKERILL v. WILLIAM CORY & SON, LTD.

[1959] 1 Lloyd's Rep 313

Docks Regulations, 1934 - Hatch covers not restored - Boatswain killed in fall into hold -Liability of shipowners-Alleged negligence and/or breach of Regulation 45-Applicability of Regulation 45 to all hatch covers.

THE "AMITY."

[1959] 1 Lloyd's Rep 329

Salvage - Towage services in English Channel by Royal Navy - Vessel immobilized by engine breakdown.

NEWTON-SMITH v. BRITISH TRANSPORT COMMISSION. (THE "BOY ERIC.")

[1959] 1 Lloyd's Rep 334

Bad berth-Sinking of vessel moored at stage- Claim against harbour authority-Bolts protruding from pile of stage-Moorings of vessel not attended during bad weather-Cause of sinking-Liability of harbour authority.

KING v. NEW FRESH WHARF, LTD.

[1959] 1 Lloyd's Rep 344

Master and servant - Fellow-employee - Dock worker injured by hatch beam being raised by shore crane-Negligence of crane-driver- Liability of employers.

GRIFFITHS v. T. WALLIS, LTD.

[1959] 1 Lloyd's Rep 347

Master and servant-Fellow-employee-Unloading of reels of paper from hold of vessel in dock- Injury to stevedore-Negligence of hatchwayman -Liability of employers.

ANTICOSTI SHIPPING COMPANY v. VIATEUR ST-AMAND.

[1959] 1 Lloyd's Rep 352

Carriage of goods by sea-Limitation of liability -Damages to truck shipped without bill of lading being issued-Whether truck "covered" by bill of lading within meaning of Canadian Water Carriage of Goods Act, 1936, Art. I (b) -Consideration of Art. IV, Rule 5-Meaning of "unit of package."

JOHN CARLBOM & CO., LTD. v. THE "ZAFIRO" (OWNERS) (IN LIQUIDATION). (THE "ZAFIRO.")

[1959] 1 Lloyd's Rep 359

Ship-Arrest by necessaries man after notice of shipowners' creditors' meeting - Whether necessaries man became a secured creditor. Company - Creditors' voluntary winding up - Effect of arrest of ship by necessaries man between notice of meeting and passing of resolution - Whether necessaries man a secured creditor.

COUPAR TRANSPORT (LONDON), LTD. v. SMITH'S (ACTON), LTD.

[1959] 1 Lloyd's Rep 369

Carriers - Special carriers - Damage to goods in transit-Claim by middlemen against carriers -Whether middlemen in breach of contract in not effecting insurance to cover carriers- Liability of carriers. Insurance - "Goods in transit" insurance- Damage to goods in transit-Claim by middlemen against carriers-Whether middlemen in breach of contract in not effecting insurance to cover carriers-Liability of carriers.

COUTTS v. SHAW SAVILL & ALBION COMPANY, LTD.

[1959] 1 Lloyd's Rep 382

Damages-Assessment-Injury to dock worker- Evidence of pre-existing neurosis.

HODGSON v. PORT OF LONDON AUTHORITY.

[1959] 1 Lloyd's Rep 389

Master and servant - Unnecessary risk - System of working-Injury to salvage hand removing bight in cable on salvage lighter - Foreseeability -Contributory negligence-Effect, on costs, of delay in bringing action.

BRADFORD v. BOSTON DEEP SEA FISHERIES, LTD.

[1959] 1 Lloyd's Rep 394

Seaman-Death of seaman returning to his trawler from shore leave-Whether seaman had reentered his employment when he boarded boat to return to trawler - Boat not belonging to trawler-owners - Trawler in port for no purposes of owners - Alleged negligence of skipper. Master and servant - Scope of employment - Seaman drowned returning to his trawler from shore leave-Whether seaman had re-entered his employment when he boarded boat to return to trawler - Boat not belonging to trawler-owners - Trawler in port for no purposes of owners - Alleged negligence of skipper.

Lloyd's Law Reports