i-law.com

SWIFT v. MOUNTSTUART DRY DOCKS, LTD.

[1954] 2 Lloyd's Rep. 1

Negligence-Safe premises-Repairs to ship in dry dock-Staging erected in ship's tank- Obstruction of headroom-Fatal accident- Fall from staging-No hand rail or rope- Factories Act, 1937, Sect. 26 (2)-Shipbuilding Regulations, 1931, Regulation 14.

HEISLER v. ANGLO-DAL, LTD.

[1954] 2 Lloyd's Rep. 5

Contract-Sale of goods-Repudiation by buyers -Buyers to open letter of credit-Sellers to provide guarantee upon receiving bankers' confirmation (préavis) that credit would be opened-Waiver-Meaning of "guarantee" -Whether personal guarantee sufficient. Contract - Payment to be made in foreign currency - Whether obligation can be fulfilled by payment of equivalent in sterling-Prima facie rule - Effect of Exchange Control provisions.

THE "HELIOS."

[1954] 2 Lloyd's Rep. 14

Salvage-River-Ship, with engine-room flooded, having serious list-Pumping out services rendered by tug-Increasing danger-Potential risk to ship. Practice-Counsel-Briefing of leading Counsel by plaintiffs - Reasonableness - Certificate granted.

PRACTICE NOTE.

[1954] 2 Lloyd's Rep. 20

THE "MODE."

[1954] 2 Lloyd's Rep. 26

Collision - River - Overtaking - Look-out - Tug and barges run into by overtaking steamship - Whether tug and tow exhibiting appropriate lights-Duty of overtaking ship to post look-out forward-Port of London River By-laws, 1938, Rules 14, 49.

NOBLE v. TANKERS, LTD.

[1954] 2 Lloyd's Rep. 33

Negligence-System of working-Painting of ship in dock-Staging suspended overside- Shifting of staging-Young and inexperienced seaman-Fatal accident-Inadequate supervision -Contributory negligence.

NABOB FOODS, LTD. v. "CAPE CORSO" (OWNERS).

[1954] 2 Lloyd's Rep. 40

Bill of lading - Valuation clause - Clause "lessening liability"-Repugnancy-Carriage of Goods by Sea Act, 1924, Schedule, Art. III (8).

HOLLAND COLOMBO TRADING SOCIETY, LTD. v. SEGU MOHAMED KHAJA ALAWDEEN AND OTHERS.

[1954] 2 Lloyd's Rep. 45

Sale of goods-Tender of documents-Tender of goods - Contract nominally c.i.f. but with non-c.i.f. provisions - Shipment under bill of lading issued by carrying ship - Transhipment to on-carrier - No bill of lading issued by on-carrying ship-Refusal by buyers to pay against tender of bill of lading issued by carrying ship-Later refusal to accept tender of goods after being landed and placed in Customs warehouse-Alleged duty upon sellers to procure delivery from Customs.

ZURICH GENERAL ACCIDENT AND LIABILITY INSURANCE COMPANY, LTD. v. ROWBERRY.

[1954] 2 Lloyd's Rep. 55

Insurance - Contract of insurance - Agency - Authority of insurance brokers-Mistake by brokers-Policy not in accordance with proposal -Liability of assured for premium.

THE "SPIRALITY."

[1954] 2 Lloyd's Rep. 59

Collision-River-Vessels approaching end on- Sailing vessel under power mistaken for sailing vessel-Lights-Look-out-Signals.

THOMASON v. SWAN, HUNTER, AND WIGHAM RICHARDSON, LTD. (THE "ALBION.")

[1954] 2 Lloyd's Rep. 64

Practice-Costs-Taxation-Fatal accident claim -Settlement-Summons requesting approval of settlement and including application by plaintiff for costs to be taxed as between solicitor and client - Discretion of Court - Supreme Court of Judicature Act, 1873, Sect. 47-Supreme Court of Judicature (Consolidation) Act, 1925, Sect. 50-R.S.C., Order 22, r. 14 (11), Order 65, r. 27 (29).

JOE LOWE FOOD PRODUCTS COMPANY, LTD. v. J. A. & P. HOLLAND, LTD.

[1954] 2 Lloyd's Rep. 71

Sale of goods-Sample-Dessert powder-Rejection of bulk by buyers-Unsuitability for purpose-Whether damp and/or having excessive quantity of hard lumps-De minimis rule-Examination by Court expert -Onus of proof.

O'BRIEN AND OTHERS v. BRIDGE MARINE WORKS, LTD.

[1954] 2 Lloyd's Rep. 79

Negligence-Explosion and fire on board motor cruiser - Extensive injuries sustained by hirers - Bursting of cylinder containing highly inflammable liquid gas-Duty of care in installing gas cylinders-Cylinders placed below cockpit floor - Negligent lay-out of engine compartment-Liability of owners. Ship-Hire of motor cruiser-Warranty of fitness -Explosion on board-Liability of owners.

PATE v. THE ADMIRALTY. (THE "SHIONA.")

[1954] 2 Lloyd's Rep. 86

Negligence-Mooring of pursuer's motor yacht- Vessel remoored by Admiralty pending resiting of original moorings-Stranding of vessel when moorings parted in gale-Pursuer aware that moorings were unsuitable for yacht-Acquiescence-Liability of Admiralty.

COMPANIA MARITIMA ASTRA, S.A. v. ARCHDALE (THE "ARMAR.")

[1954] 2 Lloyd's Rep. 95

Marine insurance - Constructive total loss - Partial loss-Valued hull policy-Stranding of ship-Abandonment to underwriters- Unrepaired damage-Calculation of repair and recovery costs-Claim for constructive total loss not justified-Right of recovery for partial loss-Formula of recovery-Percentage of actual depreciation applied to insured value -Law applicable-Rule of conformity- Marine Insurance Act, 1906, Sect. 69 (3).

BOCOCK v. ENFIELD ROLLING MILLS, LTD.

[1954] 2 Lloyd's Rep. 103

Damages-Personal injuries claim-Assessment by jury-Appeal-Alleged misdirection of jury by learned Judge-Whether damages awarded unreasonably low-Principles applied on an appeal from jury's award of damages.

HANDELSONDERNEMING "DE CLIPPER" v. S. PENTEL & SONS, LTD.

[1954] 2 Lloyd's Rep. 108

Sale of goods-Non-delivery-Quality dispute concerning part delivery-Delay-Non-delivery of balance-Availability of goods in open market-No change in market price- Measure of damages.

CHAO AND OTHERS v. BRITISH TRADERS & SHIPPERS, LTD. (N.V. HANDELSMAATSCHAPPIJ J. SMITS IMPORT-EXPORT, THIRD PARTIES).

[1954] 2 Lloyd's Rep. 114

Sale of goods (c.i.f.)-Breach by sellers-Damages -Payment against documents-Acceptance of goods by buyers on arrival-Buyers then aware of circumstances entitling them to reject-Subsequent discovery that bills of lading were forged-Date at which measure of damages should be calculated.

ADLER v. DICKSON AND ANOTHER.

[1954] 2 Lloyd's Rep. 122

Contract-Passenger ticket-Exceptions clause- Personal injury claim by steamship passenger -Conditions exempting shipowners from liability-Action brought in tort against master and boatswain-Whether entitled to protection of conditions-Implied agency.

BASTED v. COZENS & SUTCLIFFE, LTD., AND THE PORT OF LONDON AUTHORITY.

[1954] 2 Lloyd's Rep. 132

Negligence-Safe plant-System of working- Labourer crushed by steel tower suddenly descending while suspended from crane- Cause of accident-Defective hoist brake on crane-Liability of crane owners and employers -Owners' duty to provide adequate system of maintenance and servicing. Practice-Costs-Joint tortfeasors-Offer by one tortfeasor to contribute to extent of 50 per cent.-Effect-Action continued by other tortfeasor and defended by both-"Treated . . . as a notice of payment into Court"- R.S.C., Order 30. r. 2 (2) (j).

REARDON SMITH LINE, LTD. v. AUSTRALIAN WHEAT BOARD.

[1954] 2 Lloyd's Rep. 148

Charter-party-"Safe wharves as ordered"-Ship ordered to proceed to certain berth-Berth not generally unsafe but rendered unsafe by reason of absence of hauling-off buoy and waling-piece - Deterioration in weather- Damage to ship and wharf - Liability of voyage charterers-Alleged failure by master to take steps to avoid damage.

JAMES PATRICK & Co. (PROPRIETARY), LTD. v. SHARPE.

[1954] 2 Lloyd's Rep. 167

Australia-State of Victoria-Workmen's compensation -Injury by accident-Workman suffering from heart disease-Death of workman after heart attack while travelling to place of work - Sudden unexpected physiological change unassociated with any external event or action of deceased-Whether "injury by accident arising out of or in the course of the employment"-Workers' Compensation Act, 1928 (as amended by Act No. 5128 of 1946), Sects. 3, 5.

JUAN YSMAEL & CO., INC. v. GOVERNMENT OF THE REPUBLIC OF INDONESIA (AND CONNECTED APPEAL).

[1954] 2 Lloyd's Rep. 175

International law-Sovereign immunity-Ship- Writ in rem claiming possession-Motion by foreign Government to set aside writ- Submission that they were thereby indirectly impleaded-Alleged right to ownership or possession-Competing rights in ship-Bare assertion by foreign Government of rights in property insufficient - Necessity for some proof that claim was maintainable.

REGINA v. APPEAL TRIBUNAL OF LIVERPOOL DOCK LABOUR BOARD. (EX PARTE BRANDON.)

[1954] 2 Lloyd's Rep. 186

Dock Workers (Regulation of Employment) Scheme, 1947 - Disciplinary procedure - Termination of employment - Complaint brought against dock worker-Absence from work without permission - Employment terminated by Local Dock Labour Board- Decision upheld by Appeal Tribunal-Competency of Board and of Tribunal-Bias- Matters taken into account-Jurisdiction- Application by dock worker for orders of certiorari and mandamus.

HURLEY v. HOLLANDSCHE STOOMBOOT MAATSCHAPPIJ, N.V.

[1954] 2 Lloyd's Rep. 194

Negligence-Unloading of bagged cargo from hold of vessel-Injury to stevedore-Dispute as to cause-Whether due to collapse of cargo during breaking down of stow or to his tripping over dunnage strewn over bottom of hold during discharge.

PETER TURNBULL & CO. PROPRIETARY, LTD. v. MUNDAS TRADING COMPANY (AUSTRALASIA) PROPRIETARY, LTD.

[1954] 2 Lloyd's Rep. 198

Sale of goods (F.O.B.)-Non-delivery-Nomination of ship by buyers-Declaration by sellers of inability to supply goods-Anticipatory breach-Substituted method of performance proposed by sellers-Election by buyers to accept substituted performance-Effect upon obligation of buyers to give shipping instructions -Condition precedent-Alleged waiver by sellers-Arrival of nominated ship out of time - Resale by buyers - Goods bought against contract upon sellers' failure to implement substituted performance - Loss sustained by buyers-Claim against sellers.

WILLIAMS v. MERSEY DOCKS AND HARBOUR BOARD.

[1954] 2 Lloyd's Rep. 221

Negligence - Fellow-employee - Safe premises - Boilermakers' yard-Piece of metal lying on ground adjacent to dump-Injury sustained by employee in tripping over piece of metal.

HEWSON v. MANCHESTER SHIP CANAL COMPANY.

[1954] 2 Lloyd's Rep. 224

Negligence - System of working - Stacking of timber-Employee's fall from stack-Customary method of stacking in use-No evidence of satisfactory alternative method or of previous accident.

O'BRIEN AND OTHERS v. McKEE.

[1954] 2 Lloyd's Rep. 228

Practice-Judgment summons-Conditional leave to defend - Action for damages brought against company-Undertaking by M. "to abide by any judgment" against company and to accept liability therefor in consideration of plaintiffs refraining from joining him as co-defendant - Damages awarded against company-Appeal pending-Motion by plaintiffs to sign final judgment against M. for balance - "Abide by any judgment" - Meaning of "judgment."

CHEESEMAN v. ORIENT STEAM NAVIGATION COMPANY, LTD.

[1954] 2 Lloyd's Rep. 231

Negligence - Safe premises - Means of access - Ladder from ship's hold to deck-Injury to cargo watcher employed by shipowners-Fall while climbing ladder-Statutory duty upon employers to provide and maintain safe means of access-Condition of ladder and of hold- Presence of greasy substance on ceiling of hold -Whether premises unsafe-Contributory negligence - Docks Regulations, 1934, Regulation 11.

BROWN v. ZURICH GENERAL ACCIDENT AND LIABILITY INSURANCE COMPANY, LTD.

[1954] 2 Lloyd's Rep. 243

Motor insurance-Policy conditions-"Maintain vehicle in efficient condition"-Damage to insured vehicle-Skid on icy surface-Front tyres worn smooth-Evidence that skid might have occurred even if tyres had been in good condition - Whether vehicle maintained in efficient condition - Meaning of "efficient condition."

ABBOTT v. SCRUTTONS, LTD.

[1954] 2 Lloyd's Rep. 248

Negligence-Safe plant-Use of bogie to transport castings-Injury to dock labourer while casting being unloaded from bogie-Suitability of "high" bogie.

KING v. SHAW SAVILL & ALBION COMPANY, LTD.

[1954] 2 Lloyd's Rep. 254

Negligence-Safe premises-Docks-Loading bank -Improvised platform to facilitate loading of sides of beef into motor lorry-Injury to dock labourer when side of beef fell during loading.

PERRY v. CONVOYS, LTD.

[1954] 2 Lloyd's Rep. 258

Negligence-Fellow-employee-System of working -Unloading of reels of paper from trucks- Reels tipped off trucks-Dock labourer injured by rolling reel-Alleged negligence of fellow-employee who tipped reels off truck-Duty to warn-Look-out.

ADLER v. DICKSON AND ANOTHER.

[1954] 2 Lloyd's Rep. 267

Contract-Passenger ticket-Exceptions clause- Personal injury claim by steamship passenger -Conditions exempting shipowners from liability-Action brought in tort against master and boatswain-Whether entitled to protection of conditions-Implied agency.

THE "SAXON QUEEN."

[1954] 2 Lloyd's Rep. 286

Collision-Fog-Ships on opposite courses-Speeds -Helm action-Look-out-Collision Regulations, 1910, Art. 16.

THE "BITTERN."

[1954] 2 Lloyd's Rep. 293

Collision-Canal-Overtaking-Respective duties of overtaken and overtaking vessels - Unauthorized signals-Manchester Ship Canal By-laws, 1949, No. 17-Schedule of Signals.

CATHERALL v. CUNARD STEAMSHIP COMPANY, LTD.*

[1954] 2 Lloyd's Rep. 303

Negligence-Fellow-employee-Frolic- Scope of employment-Duties.

ALVION STEAMSHIP CORPORATION PANAMA v. GALBAN LOBO TRADING COMPANY, S.A. OF HAVANA.

[1954] 2 Lloyd's Rep. 309

Charter-party - Demurrage - Calculation of lay days - "Weather-working days" - Calendar day or normal working period - Custom of port.

COPELAND v. R. & H. GREEN AND SILLEY WEIR, LTD.

[1954] 2 Lloyd's Rep. 315

Negligence - Safe premises - Staging - Scaffold erected in defendants' blacksmith's shop - Plaintiff, in defendants' employ, working on scaffold-Injury to eye due to screwdriver slipping - Cause of slip - Warped plank forming part of scaffold-Scaffold erected by plaintiff's fellow-employees-Fellow-employees aware of unsuitability of plank-Risk of accident-Liability of defendants at common law and/or under Building (Safety, Health and Welfare) Regulations, 1948.

FOREMAN v. DANIELS BROS. (WHITSTABLE), LTD., AND ANOTHER.

[1954] 2 Lloyd's Rep. 319

Negligent navigation - Docks - Manoeuvring of barge - Contact with another barge - Mate instructed by master to employ fender - Personal injuries sustained by mate-Liability of barge-owners and/or master.

SINASON-TEICHER INTER AMERICAN GRAIN CORPORATION v. OILCAKES & OILSEEDS TRADING COMPANY, LTD.

[1954] 2 Lloyd's Rep. 327

Sale of goods (c.i.f.) - Documents - Banker's guarantee to sellers that buyers would take up documents on first presentation-Dispute as to time when guarantee should be furnished-Purpose of guarantee-Analogy between guarantee and letter of credit - Contract repudiated by sellers on ground that time for tender of guarantee had expired- Repudiation not accepted by buyers until some days later-Rights of parties during interim.

THE "ROOKLEY."

[1954] 2 Lloyd's Rep. 335

Collision - River - Starboard-hand rule-Vessels approaching points or sharp bends-Speed- Look-out. Port of London River By-laws, 1933, Rule 42 (a).

HURLEY v. BRITISH TRANSPORT COMMISSION AND THAMES STEAM TUG & LIGHTERAGE COMPANY, LTD.

[1954] 2 Lloyd's Rep. 343

Negligence-System of working-Safe premises- Fellow-employees-Loading of bundles of steel rods into barge-Dock labourer working in barge-Hand trapped in bundle swung by shore crane-Cause-Whether due to defective grating on barge causing injured man to trip; to negligence of fellow-servants; or to employee's own negligence-Extent of duty of barge-owners to provide safe barge.

BRINKLEY v. PORT OF LONDON AUTHORITY

[1954] 2 Lloyd's Rep. 352

Negligence-System of working-Docks-Silo- Discharge of bagged grain by means of conveyor belt-Personal injuries sustained in lifting bag-Alleged negligence of "turner-down."

SMITH v. W. G. MARRIOTT & SON, LTD.

[1954] 2 Lloyd's Rep. 358

Negligence-Barge (unattended) adrift in dock- Collision with tug-Injury sustained by deck-hand - Liability of barge-owners - Duty of barge-owners to attend to moorings-Novus actus interveniens.

HAYWARD v. PORT OF LONDON AUTHORITY.

[1954] 2 Lloyd's Rep. 363

Docks Regulations, 1934-Docks-Provision for rescue from drowning-"Means at or near the surface of the water at reasonable intervals"-Provision of ladders recessed in quay walls at intervals of 300 ft.-Usual practice of dockowners - Lighting - "All places . . . shall be efficiently lighted" - Extent of area to which duty applied - Regulations 1, 2, 3. Negligence - Sale premises - Docks - Fall into dock in foggy weather - Dock worker drowned -Liability of dockowners as invitors-Ares of invitation-Unusual danger-Adequacy of safety precautions.

MACKINNON v. IBERIA SHIPPING COMPANY, LTD.

[1954] 2 Lloyd's Rep. 372

International law-Torts-Foreign tort-Accident to seaman on board Scottish ship in foreign territorial waters-Claim for solatium-Law of Scotland-Necessity for proof that foreign law (as well as Scots law) admitted such claim-Law applicable to ships-Territorial sovereignty - Lex loci delicti - Merchant Shipping Act, 1894, Sect. 265. Merchant Shipping Act, 1394. Sect. 265.

CARVIL v. HAY & SONS, LTD.

[1954] 2 Lloyd's Rep. 381

Docks Regulations, 1934-Means of access to ship's hold-Bunker coal deposited on deck- Obstruction of passageway adjoining coamings to ladder leading from coamings to hold - Applicability of Regulation 11.

BOWLER v. JOHN MOWLEM & CO., LTD.

[1954] 2 Lloyd's Rep. 387

Practice-Writ-Fatal accident claim-Claim by widow-Writ issued before grant of letters of administration but describing claimant as "administratrix of" deceased-No mention of representative capacity in indorsement- Competency of claim-Whether claimant also suing as widow-Reference to statement of claim-Fatal Accidents Acts, 1846/1908- Rules of the Supreme Court, Order 3, Rule 4 (1).

KNIGHT v. GLEN LINE, LTD.

[1954] 2 Lloyd's Rep. 392

Negligence-Loading of barge-Logs unloaded from ship's hold-Use of shore crane- Release of sling-Injury to dock labourer in barge-Duty of crane driver-Signalling.

COMPANIA NAVIERA MAROPAN S/A v. BOWATER'S LLOYD PULP AND PAPER MILLS, LTD.

[1954] 2 Lloyd's Rep. 397

Charter-party-Loading berth-Safe port-Voyage charter - "Approved loading places as ordered"-Arrival of ship at place nominated by charterers-Apprehension of danger by master-Decision to leave-Reasonableness- Grounding damage sustained in leaving- Liability of charterers-Effect of nomination of loading place-Action of master-Volenti non fit injuria-Novus actus interveniens.

YOUNG v. ROYAL MAIL LINES, LTD., AND SCRUTTONS, LTD.

[1954] 2 Lloyd's Rep. 419

Negligence-Safe premises-Lighting-Injury to stevedore loading drums in ship's hold- Greasy dunnage-Unusual danger-Liability of shipowners and/or employers - Docks Regulations, 1934, Regulation 12.

CHATTAWAY v. T. F. MALTBY, LTD.

[1954] 2 Lloyd's Rep. 424

Negligence-Fellow-employee-Stowage of bagged sugar in barge-Use of hooks-Injury to stevedore resulting from failure by fellow-employee to grip bag-Whether negligence- Vicarious liability of employers.

M. W. HARDY & CO., INC. v. A. V. POUND & CO., LTD.

[1954] 2 Lloyd's Rep. 428

Sale of goods (f.a.s.) - Performance - Export licence - Frustration - Sale of turpentine f.a.s. buyers steamship at Portuguese port- Sellers aware of destination-Export without licence prohibited-Refusal by Portuguese authorities to grant licence for particular destination-Sellers unable to ship-Whether risk of failure to obtain licence upon buyers or sellers-Contract silent-Conflict of laws- Illegality.

MAJILTON AND ANOTHER v. OCEAN STEAM SHIP COMPANY, LTD., AND IMPERIAL CHEMICAL INDUSTRIES, LTD.

[1954] 2 Lloyd's Rep. 439

Negligence-System of working-Supervision- Unloading of bagged cargo from barge- Collapse of tier of bags, injuring dock labourers-Lack of supervision by employers -Alleged interference by master of barge- Contributory negligence.

MOORE v. WEST COAST STEVEDORING COMPANY.

[1954] 2 Lloyd's Rep. 447

Negligence-Safe plant-System of working-Use of scantling (or ricker) to support coils of wire on bogie-Injury to bogie driver allegedly due to defective ricker.

THE "KRYPTON" AND OTHER BARGES.

[1954] 2 Lloyd's Rep. 451

Salvage-River-Barges adrift in fog-Degree of danger.

MUNRO v. SCRUTTONS, LTD.

[1954] 2 Lloyd's Rep. 456

Negligence-Safe plant and appliances-Docks- Scale board used in loading of bags on to truck-Injury to dock labourer alleged to be due to slipping from defective scale board- Probabilities.

WEST v. NATIONAL MOTOR AND ACCIDENT INSURANCE UNION, LTD.

[1954] 2 Lloyd's Rep. 461

Burglary insurance - Misrepresentation - Under insurance-Partial loss in excess of total cover - Claim up to limits of policy - Repudiation of claim by insurers on ground of misrepresentation and/or non-disclosure as to value-Whether insurers so entitled.

ALBERT E. REED & CO., LTD. v. LONDON & ROCHESTER TRADING COMPANY, LTD.

[1954] 2 Lloyd's Rep. 463

Lighterage - Barge - Unseaworthiness - London Lighterage Clause-"Knowingly or recklessly supplied an unseaworthy barge"-Hole in bottom of old barge-Plate worn thin- Failure by foreman shipwright to make proper inspection tests-Liability of barge-owning company-"Knowledge" and "recklessness" -Privity of director of company.

SMITH v. OCEAN STEAM SHIP COMPANY, LTD.

[1954] 2 Lloyd's Rep. 482

Master and servant - Employment - Danger to employees-Duty of employers-Unprovoked stabbing attack upon ship's officer-Assailant member of gang of native labour taken on board to load cargo-Liability of shipowners -Duty to crew-Whether attack foreseeable -Unpredictable character of natives.

MURRAY v. BLUE STAR LINE, LTD.

[1954] 2 Lloyd's Rep. 491

Negligence-System of working-Docking of ship- Lowering of heavy lender over ship's side by ship's rigger-Injury to ship's rigger when pennant ran out-Alleged lack of supervision -Whether rigger acted in compliance with orders-Contributory negligence.

MARSHALL v. HULL FISHING VESSEL OWNERS' ASSOCIATION, LTD. (WATSON, THIRD PARTY).

[1954] 2 Lloyd's Rep. 495

Master and servant - Injury to employee - Liability of employers-Inherent danger of system of work adopted-Steps taken by employers to install safer system-Refusal by employees to co-operate-Effect-Volenti non fit injuria.

JONES v. STAVELEY IRON AND CHEMICAL COMPANY, LTD.

[1954] 2 Lloyd's Rep. 499

Master and servant-Injury to employee-Error of judgment on part of fellow-employee- Whether amounting to negligence-Standard of care applicable to employers-Qui facit per alium facit per se-Employee's lack of care for his own safety-Inadvertence-Contributory negligence.

MORRIS v. WEST HARTLEPOOL STEAM NAVIGATION COMPANY, LTD.

[1954] 2 Lloyd's Rep. 507

Master and servant-Injury to seaman-Fall down unguarded hold in 'tween decks-Liability of shipowners-Unnecessary risk-Alleged duty to fence-General practice among shipowners not to fence 'tween decks at sea-Whether "folly" to have neglected to provide guardrail -Obvious danger.

BUCHANAN v. MOTOR INSURERS' BUREAU.

[1954] 2 Lloyd's Rep. 519

Road Traffic Act, 1930-Road-Accident on dock road-Personal injury claim-Driver uninsured -Judgment against driver unsatisfied -Liability of Motor Insurers' Bureau-"Road to which the public has access"-Sects. 35, 121 (1)-Port of London (Consolidation) Act, 1920, Sect. 457.

JACKSON v. POLSKIE LINIE OCEANICZNE.

[1954] 2 Lloyd's Rep. 523

Negligence-Unusual danger-Ship moored at berth-Movement of mooring lines due to surge of ship-Normal method of mooring- Injury to dock labourer standing at ship's rail.

MORALICE (LONDON), LTD. v. E. D. & F. MAN.

[1954] 2 Lloyd's Rep. 526

Contract-Indemnity-Enforceability- Consideration -Sale of goods (c.i.f.)-Payment against documents-Insignificant short shipment by sellers' suppliers-Refusal by bank to accept documents-Indemnity given by suppliers to sellers against liability arising from consequences of short shipment-Payment by bank upon indemnity by sellers-Refusal by buyer to accept documents-Compromise payment by sellers-Right of recovery from suppliers-Applicability of de minimis rule to documentary credits.

BURNETT STEAMSHIP COMPANY, LTD. v. GJERS, MILLS & CO., LTD.

[1954] 2 Lloyd's Rep. 534

Bad berth-Damage to ship's moorings-Ship moored at tidal berth-Sudden lurch when she took the ground-Parting of moorings- Damage to ship's gangway-Whether berth unsafe-Alleged presence of bank-Duty of berth-owners-Evidence of regular inspection and dredging-Duty of ship to attend to moorings.

CAMPBELL v, REA, LTD.

[1954] 2 Lloyd's Rep. 540

Negligence-Fellow-employe-Unloading of baled cargo from ship's hold-Dock labourer fatally injured by bale which fell from tier-Alleged joint negligence of deceased and fellow-employee -Liability of employers-Onus of proof.

WILSON v. COMPAGNIE DES MESSAGERIES MARITIMES.*

[1954] 2 Lloyd's Rep. 544

Australia-Sea-Carriage of Goods Act, 1924- French bill of lading-Action commenced in N.S.W. for short delivery-Motion by shipping company for stay-Bill of lading clause providing for legal actions to be tried by French tribunal-Legality-Effect of Sect. 9 (2)-Jurisdiction of Australian Courts -Arbitration Act, 1902 (N.S.W.).

DAVEY v. H. W. HOWES & SONS.

[1954] 2 Lloyd's Rep. 553

Negligence-Unloading of ship in dock-Shipworker struck by chain sling suspended from crane-Whether crane driver negligent- Liability of employers-Contributory negligence.

J. MILHEM & SONS v. FUERST BROTHERS & CO., LTD.

[1954] 2 Lloyd's Rep. 559

Contract-Enforceability-Consensus ad idem- Offer and acceptance&Sale of ginger f.o.b. Freetown-Agreement upon particular ship- Shipment date not stated-"Scheduled to load during March"-Arrival towards end of April-Refusal by sellers to ship-Whether parties in agreement on essential terms.

HINSON v. MORGAN, SCANLAN & CO., AND ANOTHER.

[1954] 2 Lloyd's Rep. 564

Negligence-Loading of barge-Stevedore struck by falling hatch cover while working in barge -Disputed cause of fall-Alleged negligence of crane driver (fellow-employee)-Whether hatch covers defective-Liability of barge-owners and/or master stevedores-Res ipsa loquitur-Contributory negligence.

BAGSHAW v. PORT OF LONDON AUTHORITY.

[1954] 2 Lloyd's Rep. 572

Negligence-Unloading of ship in dock-Dislodgement of stringer board in hold of vessel- Injury to dock labourer-Negligence of defendants' crane driver-Res ipsa loquitur-Onus of proof.

CROCKETT v. ROYAL MAIL LINES, LTD.

[1954] 2 Lloyd's Rep. 576

Negligence-Unusual danger-Means of access- Companion ladder from ship to barge dummied alongside-Injury to electrician on stepping from ladder to barge-Whether gap excessive - Liability of shipowners - Contributory negligence.

BOAG v. ECONOMIC INSURANCE COMPANY, LTD.

[1954] 2 Lloyd's Rep. 581

Fire insurance-Double insurance-Contribution- Loss by fire - Payment of loss by first insurers under all risks transit policy-Right of contribution from second insurers under fire policy-Liability under fire policy disputed -Extent of cover-Goods not within fire policy description-Warranty in fire policy as to other insurances-Whether assured in breach-Waiver.

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

[1954] 2 Lloyd's Rep. 586

Arbitration-Award in form of special case- Motion to remit to umpire-Dispute under contract for sale of goods-Whether subject to export licence-Presentation of case by sellers' arbitrator-Statement of fact undisputed by buyers' arbitrator-Whether amounting to an admission-Misunderstanding.

PEDRO ROCA & CO. v. BRITISH TRANSPORT COMMISSION.

[1954] 2 Lloyd's Rep. 591

Bailment-Dock authority-Cargo unloaded from ship into custody of dock authority-Short delivery by dock authority to consignees- Liability of dock authority - Protection afforded by their General Regulations- Discrepancy between ship's tally and dock authority's landing account-Whether landing account conclusive as to quantity received by them-Custom of port (Southampton).

UNITED AFRICA COMPANY, LTD. v. OWOADE.

[1954] 2 Lloyd's Rep. 607

Master and servant - Fraud by servant - Conversion - Vicarious liability of master - Respondeat superior. Practice-Pleadings-Writ-Relief sought-Defect in writ-Defect, if any, cured by statement of claim-Need only to state facts in statement of claim-Supreme Court (Civil Procedure) Rules (Nigeria), Order 2, r. 2. Practice-Leave to appeal to Privy Council- Security for costs-Payment into Court- Adequacy.

THE "ASIA."

[1954] 2 Lloyd's Rep. 614

Negligence-Sinking of barge in dock-Flooding by ship's discharge pipe-Barge, moored alongside in safe position, cast off by unknown person, leaving her free to swing under ship's stern-Duty of ship to barges adrift in dock-Contributory negligence- Port of London (Consolidation) Act, 1920, Sects. 155 (5), 188 (1).

NEWBY v. GENERAL LIGHTERAGE COMPANY, LTD., AND JAMES LATHAM, LTD.

[1954] 2 Lloyd's Rep. 625

Negligence-Barge adrift unattended in river- Collision with racing eight-Injury to crew- Barge, moored alongside public towpath, cast adrift by unknown person-Foreseeable danger-River in flood-Duty of barge-owners to take special precautions-Novus actus interveniens.

NORTON v. STRAITS STEAMSHIP COMPANY, LTD.

[1954] 2 Lloyd's Rep. 635

Negligence-Means of access-Invitee-Loading of ship from lighter alongside in dock-Safe means of access between lighter and ship- "Possible to pass from one to the other without undue risk"-Damaged ship's rail- Injury to stevedore-Dispute as to cause of fall-Ship's rail damaged by stevedores during loading-Liability of shipowners as invitors- Docks Regulations, 1934, Regulation 10.

JOSEPH STANSFIELD & CO., LTD. v. O. S. BLENKINSOP (PROPRIETARY), LTD.

[1954] 2 Lloyd's Rep. 642

Sale of goods (c.i.f.)-Quality-Description- "Average Basutos Mohair"-No recognized standard of grading - Whether sale by description or sample-Trade usage.

CAIRN LINE OF STEAMSHIPS, LTD. v. DOCKS AND INLAND WATERWAYS EXECUTIVE AND GRANGEMOUTH & FORTH TOWING COMPANY, LTD.

[1954] 2 Lloyd's Rep. 649

Docks and ports-Locks-Ship towed into lock by tug-Ship and tug tied up side by side- Damage to ship when level of water was lowered-Liability of dock authority and/or tugowners-Proof of damage to ship.

Lloyd's Law Reports