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COWARD v. MOTOR INSURERS' BUREAU

[1962] 1 Lloyd's Rep. 1

Motor Insurers' Bureau - Passenger killed - Driver liable-Passenger not covered by insurance-Liability of M.I.B.-Whether passenger carried for hire or reward and was required to be covered by insurance -Admissibility of evidence-Meaning of "hire or reward"-R.T.A., 1930, Sect. 36. Evidence-Admissibility of statements against interest - Whether declaration must recognize a contractual obligation.

THE "HOEGH SILVERCREST"

[1962] 1 Lloyd's Rep. 9

Negligent navigation-Collision with pier- Berth at pier unsafe in certain weather- Duty on pier owners to warn ship at berth of impending danger-Duty on ship to keep weather watch-Clause in charter-party exempting pier owners from liability -Liability of shipowners for damage to pier-Liability of pier owners for damage to ship.

THE "CANBERRA STAR"

[1962] 1 Lloyd's Rep. 24

Collision-River-Vessel entering channel- Starboard-hand rule - Applicability of crossing rule-Increasing of speed across bow of on-coming vessel to avoid collision -Seamanship.

THE "KURT ARLT"

[1962] 1 Lloyd's Rep. 31

Collision-Radar-Fog-Excessive speed.

MATSON v. ETON FISHING COMPANY, LTD. (THE "CARTHUSIAN")

[1962] 1 Lloyd's Rep. 38

Master and servant - Unnecessary risk - Trawler listing-Injury to mate in heavy seas - Alleged failure to correct list - Liability of shipowners.

PRACTICE DIRECTION

[1962] 1 Lloyd's Rep. 43

Wardship proceedings-Parties under R.S.C., Order 54P.

JORDAN v. HARLAND & WOLFF, LTD.

[1962] 1 Lloyd's Rep. 45

Master and servant - Unnecessary risk - Concealed danger - Defective plate in engine-room floor-Injury to ship's scaler shovelling brick debris from floor - Liability of employers.

COLES v. HOLLIS BROTHERS, LTD.

[1962] 1 Lloyd's Rep. 50

Damages-Fatal injuries-Assessment.

N.V. MAATSCHAPPIJ ZEEVART v. M. FRIESACHER SOEHNE

[1962] 1 Lloyd's Rep. 52

Charter-party-Lay days-"Working days"- Meaning - Whether consisting of 24 consecutive hours, or number of hours worked at standard rates of pay.

SLATTERY v. MANCE

[1962] 1 Lloyd's Rep. 60

Marine insurance - Arson - Total loss of vessel by fire-Arson alleged by insurer- Onus of proof-Liability of insurer. -Fire-Total loss of vessel- Whether caused by assured - Onus of proof-Liability of insurer. -Overvaluation of vessel on proposal form - Total loss by fire - Whether representation was material or untrue; and whether made fraudulently- Liability of insurer. -Non-disclosure - Material overvaluation of vessel lost by fire - Liability of insurer. Practice-Onus of proof-Arson alleged by insurer - Whether onus on assured to disprove that he wilfully caused or connived at destruction of vessel by fire. -Facts peculiarly within knowledge of person against whom assertion made-Whether onus shifts to that person.

REDERI A/B WALLTANK AND REDERIET FUR ANGAREN ARTEMIS v. F. REED & CO., LTD.

[1962] 1 Lloyd's Rep. 76

Negligence-Damage to cargo in ship-Leaking of ballast sea water from trimming hatch - Alleged negligence of stevedores - Liability of stevedores to charterers and shipowners.

ANGLO-AFRICAN SHIPPING COMPANY OF NEW YORK, INC. v. J. MORTNER, LTD.

[1962] 1 Lloyd's Rep. 81

Contract-Confirming house-Repudiation of sale contract by buyers-Performance of contract by confirming house-Claim by confirming house against buyers - Liability of buyers-Whether confirming house under duty to mitigate damages by not shipping goods. Contract (f.a.s.) - "Delivery 2/3 weeks" - Meaning-Respective duties of suppliers, shipping agents, and buyers.

THE "MOUNT ATHOS"

[1962] 1 Lloyd's Rep. 97

Collision - Fog - Speed - Steerage way - Seamanship - Look-out - Collision Regulations, 1954, Rule 16.

THE "DURHAMBROOK"

[1962] 1 Lloyd's Rep. 104

Collision - River - Starboard-hand rule - Avoiding action-Choice of collision or grounding.

THE "WHITBY ABBEY"

[1962] 1 Lloyd's Rep. 110

Collision - River - Vessel entering channel from dock-Duty on inward-bound vessel to hold back - Contravention of local notice-Effect-Avoiding action - Choice of collision or stranding.

CUNNINGHAM AND CUNNINGHAM v. HACKETT; STURGE v. HACKETT

[1962] 1 Lloyd's Rep. 117

Negligence-Fire-Destruction of house owing to negligent act of tenant - Whether tenant liable as occupier of flat in house -Effect on insurance cover. Fire-Tenant's negligence resulting in destruction of house-Whether fire escaped from demised premises and tenant was liable as occupier-Effect on insurance cover. Householder's comprehensive insurance - Fire due to negligent act of assured-Whether assured liable "as occupier" of insured premises-Meaning of "as occupier".

VANDERSTEEN v. PORT OF LONDON AUTHORITY AND ANOTHER

[1962] 1 Lloyd's Rep. 126

Negligence - Unnecessary risk - Stacking of crane jibs outside dock sheds-Injury to dock worker removing jibs - Alleged unskilful stacking-Liability of employers and/or shipowners who stacked jibs - Right of employers to be indemnified by shipowners.

BOND v. HARLAND & WOLFF, LTD., AND UNION-CASTLE MAIL STEAMSHIP COMPANY, LTD.

[1962] 1 Lloyd's Rep. 135

Negligence-Jacob's ladder on ship's rail- Injury to ship's painter climbing on board ship by means of rope, when he clutched at ladder-Liability of employers and/or shipowners.

TAYLOR v. GEELONG HARBOUR TRUST COMMISSIONERS AND HOWARD SMITH, LTD.

[1962] 1 Lloyd's Rep. 143

Towage - Contract - Injury to launchman during berthing operations owing to negligence of tug-Tug-owners held liable -Right of tug-owners to be indemnified by hirers - Contract conditions similar to United Kingdom Standard Towage Conditions.

PRACTICE DIRECTION

[1962] 1 Lloyd's Rep. 150

Procedural change to cut costs of appeals.

ANDREA v. BRITISH ITALIAN TRADING COMPANY, LTD.

[1962] 1 Lloyd's Rep. 151

Arbitration-Award-Motion to set aside- Alleged misconduct of umpire - Advice taken from solicitors after hearing - Whether forming basis of award-Alleged error of law in award and solicitors letter - Whether award incorporated contract - Incorporated Oil Seed Association Contract Form No. 78.

H.M. ATTORNEY-GENERAL ( AT AND BY THE RELATION OF PRUDENTIAL STAFF UNION) v. CRAYFORD U.D.C.

[1962] 1 Lloyd's Rep. 163

Insurance - Collective insurance of tenants' effects - Whether effecting of insurance and collection of premiums "ultra vires" Local Government Council-Housing Act, 1957, Sect. 111.

THE "ELIZABETH H."

[1962] 1 Lloyd's Rep. 172

Bill of lading - Arbitration (in New York) clause in charter-party incorporated in bill of lading-Application by shipowners to stay action by cargo-owners-Whether clause binding on cargo-owners-Effect of undertaking given by shipowners in consideration of release of vessel - Discretion of Court - Balance of convenience. Arbitration-Arbitration (in New York) clause in charter-party incorporated in bill of lading-Whether binding on cargo-owners. Practice-Stay of action-Whether arbitration clause incorporated in bill of lading from charter-party binding on cargo-owners- Effect of undertaking given by shipowners in consideration of release of vessel- Discretion of Court-Balance of convenience -Estoppel.

M.D.C., LTD. v. N.V. ZEEVAART MAATSCHAPPIJ "BEURSSTRAAT"

[1962] 1 Lloyd's Rep. 180

Carriage by sea - Unseaworthiness - Due diligence to make vessel seaworthy - Ventilation of cargo of potatoes on small vessel-Liability of shipowners.

ROSSANO v. MANUFACTURERS LIFE INSURANCE COMPANY

[1962] 1 Lloyd's Rep. 187

Conflict of laws-Assurance policy-Garnishee order-Proper law of contract-"Situs" of debt-Law of place of performance- applicability of foreign exchange control legislation-Whether Court would give effect to foreign garnishee proceedings- Liability of insurers to pay assured.

COMPAGNIE CONTINENTALE D'IMPORTATION ZURICH, S.A. v. ISPAHANI, LTD.

[1962] 1 Lloyd's Rep. 213

Sale of goods (f.o.b.)-Export duty-I.A.P.I. terms-Whether alteration in export duty on buyers' or sellers' account.

THE "WM. FENTON"

[1962] 1 Lloyd's Rep. 229

Collision - Fog-River-Speed-Radar-Lying stopped signals-Alteration of course- Seamanship.

TELLRITE, LTD. v. LONDON CONFIRMERS, LTD.

[1962] 1 Lloyd's Rep. 236

Bills of lading-Conversion by confirming house-Right of confirmers to assert general lien in respect of separate transaction (in which they acted as financiers) in United Kingdom. Lien-Right of confirmers to assert general lien (on bills of lading in one transaction) in respect of debt under separate transaction between parties. Confirming house-Whether a factor and entitled to general lien on goods.

NICOLL v. FALCON AIRWAYS, LTD.

[1962] 1 Lloyd's Rep. 245

Master and servant - Contract of service - Termination by employers - Claim by employee for unpaid salary increase; one month's leave pay; and three months' salary in lieu of notice.

FOLEY v. ENSO-GUTZEIT OSAKEYHTIO

[1962] 1 Lloyd's Rep. 247

Negligence-Means of access-Deck cargo on vessel in dock - Lashing across walking way - Stevedore's fall - Contributory negligence Occupiers' Liability Act, 1957, Sect. 2.

MIKOLAJCZYK v. CAMMELL LAIRD & CO., LTD.

[1962] 1 Lloyd's Rep. 252

Shipbuilding Regulations, 1931 - Opening in deck in submarine conning-tower under construction-Injury to fitter-Liability of shipbuilders-Regulation 10-Meaning of "deck". Negligence-Safe premises-Opening in deck in submarine conning-tower under construction -Liability of shipbuilders.

STATE OF FLORIDA EX REL. NATIONAL INSTITUTE OF AGRARIAN REFORM v. DEKLE

[1962] 1 Lloyd's Rep. 256

International law-Sovereign immunity-Duty of U.S. Court to recognize suggestion of sovereign immunity by U.S. Department of State.

EASTERN COUNTIES FARMERS, LTD. v. J. & J. CUNNINGHAM, LTD.; GRIMSDALE & SONS, LTD. (THIRD PARTY); HOLLAND COLOMBO TRADING SOCIETY, LTD. (FOURTH PARTY)

[1962] 1 Lloyd's Rep. 261

Practice - Stay of proceedings - Arbitration clause in string contracts-Whether fourth party entitled to stay of proceedings - London Cattle Trade Association (Inc.) contract. Contract - Arbitration clause in string contracts-Right of fourth party to stay of proceedings. Arbitration - Arbitration clause in string contracts-Right of fourth party to stay of proceedings.

BURKETT SHARP & CO. v. EASTCHEAP DRIED FRUIT COMPANY AND PERERA

[1962] 1 Lloyd's Rep. 267

Arbitration - Arbitrator - Revocation of appointment-Whether arbitrator refused to act, or refused to act in a particular manner-Arbitration Act, 1950, Sect. 7. Sale of goods-String contracts-Whether contracts not in identical terms were string contracts - General Produce Brokers' Association of London Rules and Conditions of Sale, Condition 9. Arbitration - Award - Validity - Appointment of sole arbitrator after revocation of appointment of arbitrator - Whether sole arbitrator entitled to his fees.

DENNIS v. T. F. MALTBY, LTD.

[1962] 1 Lloyd's Rep. 278

Master and servant-Unnecessary risk-Safe plant and appliances-Loading cargo into hold of vessel in dock-Use of derrick and winch-Injury to stevedore-Alleged defective winch-Liability of employers.

EASTCHEAP DRIED FRUIT COMPANY v. N.V. GEBROEDERS CATZ' HANDELSVEREENIGING

[1962] 1 Lloyd's Rep. 283

Arbitration - Motion to set aside award - Misconduct - Fresh evidence taken by arbitrators after hearing-Erroneous sum awarded by arbitrators - Discretion of Court-General Produce Brokers' Association of London Rules and Conditions of Contract.

JAMES LAING, SON & CO. (M/C), LTD. v. EASTCHEAP DRIED FRUIT COMPANY

[1962] 1 Lloyd's Rep. 285

Arbitration - Motion to set aside award - Awards allegedly bad on face (four awards on two contracts)-Misconduct-Refusal by arbitrator to allow party's representative to inspect other party's documents- General Produce Brokers' Association of London Rules and Conditions of Contract, Conditions 30, 31.

SHEPHERD v. ELLERMAN'S WILSON LINE, LTD.

[1962] 1 Lloyd's Rep. 291

Negligence-Unloading of vessel in dock-Bad stowage-Injury to stevedore-Liability of shipowners.

BROWN v. INSTONE LINES, LTD., AND OTHERS

[1962] 1 Lloyd's Rep. 294

Negligence-Safe plant and appliances-Crane -Fatal injury to dock worker when jib collapsed-Liability of employers (crane operators) and/or crane owners and/or suppliers of crane-"Res ipsa loquitur"- Joinder of parties-Costs.

McCUTCHEON v. DAVID MACBRAYNE, LTD.

[1962] 1 Lloyd's Rep. 303

Carriage by sea-Conditions of carriage-Total loss of motor-car carried on vessel - Liability of carriers-Whether contract of carriage was subject to carriers' conditions of carriage.

PRACTICE DIRECTIONS

[1962] 1 Lloyd's Rep. 307

Appeals to the House of Lords

WESTCOTT v. J. H. JENNER (PLASTERERS), LTD., AND BOVIS, LTD.; JOHN ELLIS & SONS, LTD. (THIRD PARTIES)

[1962] 1 Lloyd's Rep. 309

Contract - Indemnity - Building contract - Obligation on sub-contractors to indemnify contractors and insure against "all Employers liability and Third Party risks arising out of the work . . ."-Liability of sub-contractors to indemnify contractors in respect of contractors' servants' negligence to third party.

THE "MAKEDONIA"

[1962] 1 Lloyd's Rep. 316

Unseaworthiness-Inefficiency of crew-Right of under-deck and/or on-deck cargo-owners to recover their share of salvage award from shipowners-Liability of such cargo-owners to make general average contribution-Liability of shipowners for cargo jettisoned or burned - Canadian Water Carriage of Goods Act, 1936, Art. III (1).

BLACKFORD & SONS (CALNE), LTD. v. BOROUGH OF CHRISTCHURCH

[1962] 1 Lloyd's Rep. 349

Arbitration-Award-Motion to set aside or remit-Sea defence construction contract -Claim by contractors for increased payment - Whether arbitrator entitled to award sum outside contract. Contract-Claim by contractors for increased payment-Arbitration-Whether arbitrator entitled to award sum outside contract- Institution of Civil Engineers Conditions of Contract, Clause 52 (4).

MIDLAND BANK, LTD. v. EASTCHEAP DRIED FRUIT COMPANY

[1962] 1 Lloyd's Rep. 359

Contract-Tender of documents by Bank to buyers-No payment by buyers-Sale of documents by buyers-Whether collection note was attached to documents which required buyers to pay for documents or return them, or that term was implied- Right of buyers to set-off in respect of sellers' breach of contract. Conversion-Sale of documents held in trust from Bank. Bailment-Whether handing of documents by Bank to buyers without obtaining payment terminated bailment and precluded Bank from suing buyers in conversion.

C. H. RUGG & CO., LTD. v. STREET

[1962] 1 Lloyd's Rep. 364

Sale of ship-Warranty of authority-Breach -Liability of shipbroker (acting for buyers) to final shipbroker acting for buyers.

FINZEL, BERRY & CO. v. EASTCHEAP DRIED FRUIT COMPANY

[1962] 1 Lloyd's Rep. 370

Principal and agent-Contract-Whether party acting as principal or agent-Construction of General Produce Brokers' Association of London Contract No. 5 - Whether deletions could be considered-Effect of parol evidence. Arbitration-Appointment of arbitrator-Rules and Conditions of Sale of General Produce Brokers' Association of London, Rule 62. Arbitration-Award-Invalid appointment of arbitrators-Procedure to set aside award. Sale of goods (c.i.f.)-Construction of General Produce Brokers' Association of London Contract.

METALIMEX FOREIGN TRADE CORPORATION v. EUGENIE MARITIME COMPANY, LTD.

[1962] 1 Lloyd's Rep. 378

Contract-Arbitration clause-"Any claim . . . to be made . . . within six months after final discharge"-Whether failure to make claim within that time barred the claim. Charter-party-"Any claim . . . to be made . . . within six months after final discharge"- Whether charterers' claim for dispatch money, made after six months after final discharge, was admissible. Charter-party - Lay days - Commencement - "Time for loading to count from 8 a.m. 48 hours after the Ship is reported ready." Charter-party-Rectification of charter-party- Whether claim which could only be brought on rectified charter-party was a claim arising out of charter-party.

HENRY BATH & SON, LTD. v. BIRGBY PRODUCTS

[1962] 1 Lloyd's Rep. 389

Arbitration-Award-Motion to set aside- Alleged misconduct of arbitrators: (1) exclusion of legal representatives; (2) failure to give fair hearing; (3) improper admission of telegram as evidence; (4) failure to provide opportunity to cross-examine sender-London Metal Exchange Rules and Regulations, Rule 7.

CASSIR, MOORE & CO., LTD. v. EASTCHEAP DRIED FRUIT COMPANY

[1962] 1 Lloyd's Rep. 400

Arbitration-Award-Motion to set aside or remit - Award of damages to defaulting party-Natural justice-General Produce Brokers' Association of London Rules and Conditions of Sale. Condition 33 (a).

THE "ACRUX"

[1962] 1 Lloyd's Rep. 405

Admiralty Court-Appraisement and sale of ship by Admiralty Marshal-Title conferred by Court in proceedings in rem-Comity of nations-Maritime law.

ROYAL EXCHANGE ASSURANCE AND OTHERS v. COMPANIA NAVIERA SANTI, S.A. (THE "TROPAIOFOROS" (No. 2))

[1962] 1 Lloyd's Rep. 410

Practice-Injunction-Jurisdiction of Court- "Res judicata"-Proceedings commenced by foreigner in foreign Court - Whether proceedings an abuse of process of English Court-Foreigner outside jurisdiction and without assets within jurisdiction-Jurisdiction of Court to restrain foreigner - R.S.C., Order 27, r. 15.

KAWASAKI KISEN KAISHA, LTD. v. GOVERNMENT OF CEYLON

[1962] 1 Lloyd's Rep. 424

Arbitration-Award-Jurisdiction of umpire- Excess - Motion to set aside award - Whether umpire decided matter not submitted-Alleged consent by arbitrator -Whether arbitrator able to consent on behalf of party.

F. W. BERK & CO., LTD. v. KNOWLES & FOSTER.

[1962] 1 Lloyd's Rep. 430

Arbitration - Award - Motion to set aside - Alleged misconduct by appeal arbitrators in making award as to five bales when only two were subject-matter of appeal- Arbitration Act, 1950, Sect. 22.

LEE v. BLUE STAR LINE, LTD.

[1962] 1 Lloyd's Rep. 440

Occupiers' Liability Act, 1957, Sect. 2-Visitor -Reasonable care-Slippery deck on listing vessel in dock-Injury to ship-repairers' labourer-Liability of shipowners.

GABBEDEY v. BUTLER'S WHARF, LTD.

[1962] 1 Lloyd's Rep. 444

Negligence-Visitor-Defective stairs - Injury to cargo inspector descending wooden steps on quay wall - Liability of quay owners-Contributory negligence.

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

[1962] 1 Lloyd's Rep. 446

Master and servant - Unnecessary risk - Obvious danger-Seaman's fall into empty swimming pool on board ship at sea- Alleged slipperiness due to wet paint- Liability of shipowners.

HOLMES v. T. & J. HARRISON, LTD.

[1962] 1 Lloyd's Rep. 455

Master and servant-System of working- Fellow-employee-Use of fork-lift truck as mobile crane in loading heavy case of cargo -Injury to hatch foreman-Negligence of driver (fellow-employee) - Liability of employers - Alleged contributory negligence.

THE "SPONTANEITY"

[1962] 1 Lloyd's Rep. 460

Negligent navigation - Putting by - Whether subsequent navigation of vessel put by broke chain of causation.

NAVIMAR, S.A. v. ETABLISSEMENTS JAQUES GODEFROID, S.A.

[1962] 1 Lloyd's Rep. 469

Charter-party-Repudiation-Long-term charter -Over-commitment by charterers-Restriction on imports by Government-Cancellation of charter-party-Alleged restraint of princes-Liability of charterers. Arbitration-Award-Alleged misdirection in law by arbitrators.

GRAND UNION (SHIPPING), LTD. v. LONDON STEAM-SHIP OWNERS' MUTUAL INSURANCE ASSOCIATION, LTD. (THE "BOSWORTH" (No. 3))

[1962] 1 Lloyd's Rep. 483

Marine insurance - Salvage award - Life salvage - Whether recoverable under Lloyd's policy - Marine Insurance Act, 1906, Sect. 65 (1). Protection and indemnity insurance - Salvage award for services to ship enhanced by services for saving life-Whether recoverable under P. & I. Club rules. Salvage - Life salvage - Whether recoverable under Lloyd's policy.

DIXON v. PORT OF LONDON AUTHORITY

[1962] 1 Lloyd's Rep. 492

Damages - Assessment - Personal injuries claim-Eye-Physical and nervous injury.

WARREN v. SCRUTTONS, LTD.

[1962] 1 Lloyd's Rep. 497

Master and servant-Safe plant and appliances -Injury to stevedore's finger affecting his eye-Foreseeability of injury-Remoteness of damage-Liability of employers.

HUGHES v. PALM LINE, LTD.

[1962] 1 Lloyd's Rep. 504

Master and servant-Unnecessary risk-Injury to deck-hand by heavy sea - Liability of shipowners.

ALLEN v. WILLIAM KING (BURNHAM-ON-CROUCH), LTD.

[1962] 1 Lloyd's Rep. 507

Repairs to ship-Copper-sheathing of yacht- Leakage after completion of work-Claim by owner against contractors - Whether work performed negligently.

KEYS v. L. W. MORLAND & CO., LTD.

[1962] 1 Lloyd's Rep. 518

Negligence - Reasonable care - Discharge of cargo into barge - Injury to lighterman when set of cargo dislodged hatch covers on which he was sitting - Alleged negligence of winch-driver - Whether hatch beam defective - Liability of employers of winch-driver-Foreseeability.

STARFIRE DIAMOND RINGS, LTD. v. ANGEL

[1962] 1 Lloyd's Rep. 526

Insurance-Jewellers' Block Policy-Loss from car-Whether car "left unattended."

FRANZ HANIEL A.G. v. SABRE SHIPPING CORPORATION

[1962] 1 Lloyd's Rep. 531

Arbitration-Award-Motion to set aside or remit-Misapprehension of other party's contentions - Alleged misconduct by arbitrators in not directing attention to misconception. Charter-party - Detention - Sub-charter - Claim by disponent owners for damages for detention by charterers at rate of hire fixed in head charter (three times that in sub-charter) - Alleged misunderstanding by charterers of basis of claim-Whether arbitrators' award of damages at higher rate should be set aside. Arbitration-Award-Power of Court to remit final awards.

UNION OF INDIA v. N.V. REEDERIJ AMSTERDAM

[1962] 1 Lloyd's Rep. 539

Unseaworthiness - Due diligence - Reduction gear breakdown - Vessel unable to complete voyage - Liability of operators of vessel - Liability of consignees under bill of lading to contribute in general average - Whether operators of vessel exercised due diligence to ensure her seaworthiness-U.S. Carriage of Goods by Sea Act, 1936, Sect. 4 (1).

LAWTON v. BLUE STAR LINE, LTD.

[1962] 1 Lloyd's Rep. 559

Master and servant - Unnecessary risk - Safe plant and appliances - Ship's engineer's fingers crushed by heavy metal door slamming in bad weather - Liability of shipowners.

JULIEN PRAET ET CIE., S/A. v. H. G. POLAND, LTD.; POLAND AND OTHERS v. JULIEN PRAET ET CIE., S/A.

[1962] 1 Lloyd's Rep. 566

Damages-Assessment-Breach of contract by coverholders-Effect of injunction inhibiting canvassing of coverholders' customers -Factors to be considered in assessment of damages.

MOYLE v. SOUTHERN ELECTRICITY BOARD

[1962] 1 Lloyd's Rep. 607

Negligence - Electricity - Injury to man handling kite when wire attached to kite touched high-tension overhead cable - Alleged inadequate tripping device - Whether sufficient warning of danger given by electricity authority.

ANGLO-AFRICAN SHIPPING COMPANY OF NEW YORK, INC. v. J. MORTNER, LTD.

[1962] 1 Lloyd's Rep. 610

Contract-Confirming house-Repudiation of sale contract by buyers-Performance of contract by confirming house-Claim by confirming house against buyers - Liability of buyers-Whether confirming house under duty to mitigate damages by not shipping goods. Contract (f.a.s.) - "Delivery 2/3 weeks" - Meaning-Respective duties of suppliers, shipping agents, and buyers.

STURGE v. HACKETT

[1962] 1 Lloyd's Rep. 626

Negligence-Fire-Destruction of house owing to negligent act of tenant - Whether tenant liable as occupier of flat in house -Effect on insurance cover. Fire-Tenant's negligence resulting in destruction of house-Whether fire escaped from demised premises and tenant was liable as occupier-Effect on insurance cover. Householder's comprehensive insurance-Fire due to negligent act of assured-Whether assured liable "as occupier" of insured premises.

Lloyd's Law Reports