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Lloyd's Law Reports

BROWN AND ANOTHER v. A/S. CHR. CHRISTENSENS REDERI.

(1937) 57 Ll.L.Rep. 127

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Stevedores-Contract-Agreement by plaintiffs to discharge timber from defendants' steamship Torsol at certain rate per standard (slightly less than normal rate)-Vessel holed aft by collision in River Thames and beached-Cargo flooded-Subsequent arrival at Surrey Commercial Docks after temporary repairs-Discharge commenced-Claim by plaintiff's stevedores to be paid "danger money" on account of condition of vessel-Reasonable apprehension of danger-Dispute as to the stevedoring rates submitted to local committee of organisation set up to deal with such matters-Committee's view that men were entitled to "danger money" - Discharge stopped - Plaintiffs' cable to defendants: "Torsol in dispute with union owing collision our rate now cost of discharge plus 10 per cent. ship stopped awaiting instructions"-Reply by defendants: "Torsol agree hurry discharging coming London Monday will arrange everything satisfactory" - Discharge recommenced-Claim by plaintiffs for balance of discharging expenses, based on actual cost of discharge, incurred after recommencement-Whether claim failed for lack of consideration- Counterclaim by defendants for damages for detention.

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