i-law

Lloyd's Law Reports

HAYWARD v. PORT OF LONDON AUTHORITY.

[1956] 2 Lloyd's Rep. 1
Docks Regulations, 1934-Docks-Dock worker drowned-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-Applicability of Docks Regulations- Whether dock worker "employed in the processes"-Regulations 1, 2, 3.

JOHN RIGBY (HAULAGE), LTD. v. RELIANCE MARINE INSURANCE COMPANY, LTD.

[1956] 2 Lloyd's Rep. 10
Insurance-Carriers-Goods in transit-Carriers' business mainly carried on through subcontractors -Driver of lorry authorized by carriers to collect and deliver-Honest belief that lorry belonged to sub-contractors- Driver acting fraudulently-Loss of goods- Carriers insured against loss of goods held by them "in trust" while in transit-Right of recovery-Whether goods held "in trust."

THE "WAR HAWK."

[1956] 2 Lloyd's Rep. 24
Collision-Docks-Vessels meeting end on, at junction of docks-Independent action by each vessel-Vessels at cross-purposes-No signals exchanged until late moment- Look-out-Speeds.

SMITH v. PORT OF LONDON AUTHORITY.

[1956] 2 Lloyd's Rep. 35
Negligence-System of working-Loading of lorry -Sets of chests of tea being lowered by crane on to lorry-Lorry driver's fall from lorry- Dispute as to cause-Whether chest fell from set in mid-air-Alleged negligence of crane-driver.

LARBY v. ARMEMENT L. HERMANS, S.A.

[1956] 2 Lloyd's Rep. 43
Negligence-Safe premises-Unusual danger- Unloading of vessel-Stowage of cased cargo -Dock labourer's fall when case tilted- Alleged bad stowage constituting unusual danger-Liability of shipowners as invitors.

KILROY THOMPSON, LTD. v. PERKINS & HOMER, LTD.

[1956] 2 Lloyd's Rep. 49
Lighterage-London Lighterage Clause-Pilferage of goods from barge-Goods in barge for purpose of transhipment-Goods carried at owners' risk "excepting loss arising from pilferage and theft . . . whilst in course of transit"-No negligence-Liability of carriers limited to "£20 per package or unit or to £50 per ton" at carriers' option-Construction -Whether defendants common carriers.

JOHN KOCH, LTD. v. C. & H. PRODUCTS, LTD.

[1956] 2 Lloyd's 59
Principal and agent - Contract entered into by agents at principals' request-Sums (including deposit) paid by agents on principals' behalf - Cancellation of contract by agents before expiration of time for performance - Deposit forfeited - Further loss to principals avoided - Reasonable presumption by agents that principals would not be in position to perform contract - Unsuccessful attempt by agents to obtain principals' instructions prior to cancellation - Right of agents to reimbursement.

DURRANT v. MACLAREN.

[1956] 2 Lloyd's Rep. 70
Road Traffic Act, 1934-Third-party insurance- Car on hire - Policy obtained by fraudulent statements made by assured-Policy voidable -No steps taken by insurers to avoid policy- Whether policy "in force in relation to the user of the vehicle"-Road Traffic Act, 1930, Sect. 35 (1) - Road Traffic Act, 1934, Sect. 10 (1).

THE "GUILDFORD."

[1956] 2 Lloyd's Rep. 74
Collision - Fog - Radar - Look-out - Speeds -Alteration of course-Collision Regulations, 1954, Rules 15, 16.

-Consequential damage-Novus actus interveniens - Sinking about twelve hours after collision - Offer by other vessel to tow refused-Tugs engaged for purpose-Towage unsuccessful, vessel sinking when nearing safety - Whether refusal of offer reasonable -Onus of proof - Costs - Separate issues - Special order.

JEYES v. CURRIE LINE, LTD., AND PORT OF LONDON AUTHORITY.

[1956] 2 Lloyd's Rep. 87
Negligence-System of working-Unloading of cargo in barrels-Stowage-Unusual danger- Tilting of barrel-Dock labourer's fall-Duty of shipowners and/or employers to warn dock labourer of danger-Contributory negligence -Docks Regulations, 1934, Regulation 41.

LUIGI MONTA v. CECHOFRACHT COMPANY, LTD.

[1956] 2 Lloyd's Rep. 97
Charter-party - Freight - Loading of cargo at port in Communist China - Interception of vessel by Formosan (or Nationalist) Government warship-Cargo confiscated and voyage abandoned-Liability of charterers for freight -War Risks Clause - Liberty to comply with orders of "any other Government" - Formosan Government not recognized by H.M. Government - Effect.

NORCOTT v. GLEN LINE, LTD.

[1956] 2 Lloyd's Rep. 108
Master and servant-System of working-Fellow-employee -Removal of hatch beams-Injury to inexperienced dock labourer-Alleged negligence of crane-driver-Duty of employers to warn of danger from beam "lurching"- Occupational hazard.

SCALES v. SCRUTTONS, LTD.

[1956] 2 Lloyd's Rep. 113
Master and servant-Fellow-employees-Loading of bagged cargo into vessel-Alleged sudden raising of lowered set-Injury to dock labourer-Alleged negligence of topman and/or winchmen.

THE "EMPIRE JAMAICA."

[1956] 2 Lloyd's Rep. 119
Limitation of liability - Collision - Fault or privity of owners-Ship having more than one mate-Statutory obligation that first and second mates should be certificated-Second mate in charge of navigation uncertificated- Negligent navigation - Whether owners precluded from claiming limitation-Hongkong Merchant Shipping (Amendment) Ordinance, No. 2 of 1949.

WATNEY, COMBE, REID & CO., LTD. v. E. M. DOWER & CO., LTD.

[1956] 2 Lloyd's Rep. 129
Arbitration-Extension of time-Undue hardship -Arbitration Act, 1950, Sect. 27.

MORRIS v. CUNARD STEAM-SHIP COMPANY, LTD.

[1956] 2 Lloyd's Rep. 132
Master and servant-System of working-Use of ship's winch by assistant steward-Assistant steward inexperienced and without authority to use winch - Injury - Whether effective warning given by employers not to use winch -Contributory negligence.

LEGGETT v. W. H. J. ALEXANDER, LTD.

[1956] 2 Lloyd's Rep. 141
Master and servant-Tug manoeuvring to make fast to vessel - Seaman's hand trapped between tug and vessel-Alleged negligence of tugmaster.

PEAD v. FURNESS, WITHY & CO., LTD.

[1956] 2 Lloyd's Rep. 149
Master and servant-Sate premises-Pollards on steel deck of ship-Stevedore's fall-Duty of shipowners (employers) to keep walking way clear - Obvious danger - Contributory negligence.

LILLY v. NEW ZEALAND SHIPPING COMPANY, LTD.

[1956] 2 Lloyd's Rep. 157
Negligence-Loading of barge-Use of mobile crane-Lighterman knocked into hold by set of cargo-Dispute as to circumstances- Alleged negligence of crane-driver-Contributory negligence-Apportionment of blame -Costs.

ASSOCIATED LEAD MANUFACTURERS, LTD. v. ELLERMAN & BUCKNALL STEAMSHIP COMPANY, LTD.

[1956] 2 Lloyd's Rep. 167
Bill of lading-Strike-Cargo destined for U.K. and Continental ports-Strike at U.K. ports -U.K. cargo discharged at Continental port -Whether "a neighbouring safe and convenient port or place"-Meaning-Nature of voyage-Contemplation of parties.

N. F. LANITIS & CO., LTD. v. KYODO SHOJI (U.K.), LTD.

[1956] 2 Lloyd's Rep. 176
Contract-Sale of goods (c.i.f.)-Breach-Failure to deliver-Whether binding contract entered into-Conditions of sale-Repugnancy-Sellers' option to cancel should dispatch and delivery be prevented "for any cause whatsoever"- "Sellers shall be sole judges . . ."-Failure to deliver due to sellers' lack of financial resources-Fundamental duty upon sellers to acquire goods.

SHELL-MEX AND B.P., LTD. v. CLAYTON (VALUATION OFFICER) AND HOLDERNESS RURAL DISTRICT COUNCIL.

[1956] 2 Lloyd's Rep. 181
Rating - Freight-transport hereditament - Land leased by dock authority to oil distributing company-Installation of buildings, pump houses and tanks for unshipping and storage of oil-Erection of barge berth- Use as terminal depot-Oil piped along jetties into storage tanks-Bonded warehouse -"Dock purposes"-"Dock undertaking" -Whether business "concerned with the shipping and unshipping" of oil "not belonging to or intended for the use of" distributing company-Rating and Valuation (Apportionment) Act, 1928, Sects. 5, 6.

THE "ALLURITY."

[1956] 2 Lloyd's Rep. 198
Collision - River - Fog - Starboard-hand rule - Vessel meeting tug and tow - Look-out - Seamanship.

JOHNSON v. BRITISH TRANSPORT COMMISSION.

[1956] 2 Lloyd's Rep. 207
Docks Regulations, 1934-Safe premises-Floor- Platform in form of bridge between loading banks of dock shed-Fencing of bridge- Stevedore's fall-Liability of employers -Provision and maintenance of safe floor- Alleged duty to fence bridge-Regulation 1- Factories Act, 1937, Sects. 25 (1), 105 (3).

ROLAND-LINIE SCHIFFAHRT G.m.b.H. v. SPILLERS, LTD., AND OTHERS.

[1956] 2 Lloyd's Rep. 211
Charter-party-Demurrage-Time lost in waiting for berth-Vessel, ready to discharge, lying at anchorage which was outside the limits of nominated port of discharge but which was a customary anchorage for vessels awaiting entry to docks-No orders as to discharge given by consignees-No option in consignees as admittedly only one dock in use for discharge of particular cargo- "If . . . discharging place is not immediately available, demurrage in respect of all time waiting shall be paid" - Liability of consignees-Incorporation in bills of lading of charter-party terms.

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

[1956] 2 Lloyd's Rep. 219
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-Introduction of new term by Indian company-"Guarantee for satisfactory performance"-Whether buyers agents for Indian company-Passing of property on shipment-Liability of buyers to sellers and of Indian company to buyers-Method of payment by draft drawn on bank issuing letter of credit-Whether buyers released from direct liability for payment-Claim for price - Sale of Goods Act, 1893, Sects. 19 (2), 32 (1), 39 (1), 48 (3), 49 (1).

ROBERTS v. AVON INSURANCE COMPANY, LTD.

[1956] 2 Lloyd's Rep. 240
Burglary insurance-Non-disclosure-Declarations in proposal form as basis of insurance- Required declaration by assured that he had "never sustained a loss in respect of any of the contingencies specified in this proposal except. . . ." unanswered-Loss-Evidence that assured had recovered from other insurers in respect of previous burglary loss-Meaning of "loss"-Misrepresentation in claims form -Insurers' right to avoid policy-Alleged ambiguity-Contra proferentem rule.

BRYERS v. CANADIAN PACIFIC STEAMSHIPS, LTD.

[1956] 2 Lloyd's Rep. 252
Shipbuilding Regulations, 1931-Public dry dock -Repairs to ship-Several repairers under contract with shipowners-Notional occupier -Means of access-Seaman's fall into well of unfenced lower hold-Liability of shipowners -"Duties"-Whether seaman within class of persons given civil right of action as result of breach of Regulations - Regulation 10.

THE "PLOVER."

[1956] 2 Lloyd's Rep. 261
Collision - River - Turning in river - Signals - Look-out-Vessel grounding while turning in river - Appropriate signal - Lower Ouse Rules, 1910, Rules 14, 15.

THE "IGOR".

[1956] 2 Lloyd's Rep. 271
Admiralty practice - Action in rem - Claim not giving rise to maritime lien - Writ issued against "the owners of the steamship or vessel Igor"-Ownership transferred before issue of writ-Application to amend writ to include original owners as defendants - Appearance to writ-Whether deemed to have been entered on behalf of original owners- Alleged representation made by defendants' solicitors which created an estoppel.

WALTER WILSON & SON, LTD. v. SUMMERFIELD.

[1956] 2 Lloyd's Rep. 275
Docks Regulations, 1934-Offence-Safe means of access-"Ship's accommodation ladder or a gangway" to be provided by shipowners "where reasonably practicable" - Shipowners in default - Consequent duty of employers to comply with Regulation 9- Onus of proof-Ship dummied off from quay by barge-Whether ship "lying at a wharf or quay"-Regulations 9, 50.

BLUE STAR LINE, LTD. v. J. RUSSELL & CO.

[1956] 2 Lloyd's Rep. 282
Repairs to ship-Overhaul of ship's high pressure turbine - Turbine partly dismantled for purpose of inspection - Serious damage sustained by turbine during voyage following overhaul-Alleged negligence of repairers in replacement - Whether damage due to defective condition of blading-Onus of proof.

COWHIG v. PORT OF LONDON AUTHORITY.

[1956] 2 Lloyd's Rep. 306
Docks Regulations, 1934-Lighting-Stevedore's fall on leaving ship in dock-Trip over hose-pipe on quay-Liability of dock authority as invitors - "Dangerous part of the regular way over a dock"-Unusual danger-Hosepipe a usual and known obstacle-Whether lighting efficient - No previous complaint - Regulation 3.

KEMP v. PORT OF LONDON AUTHORITY.

[1956] 2 Lloyd's Rep. 312
Negligence-Docks-Transporting of cargo from shed to quayside-Use of escrow board and Collis truck-One-eyed operator-Injury to stevedore - Liability of operator's employers -Alleged negligence in employing man unfitted for task.

HEAVEN & KESTERTON, LTD. v. ETABLISSEMENTS FRANCOIS ALBIAC & CIE.

[1956] 2 Lloyd's Rep. 316
Sale of goods (c.i.f.)-Rejection by buyers on ground of defective quality-Measure of damages-Alleged duty upon buyers to accept delivery of defective goods in mitigation. Arbitration-Practice-Final award published- Right reserved in parties to request arbitrator to state award in form of special case-Case stated-Effect. Arbitration-Costs-Special order-Discretion of arbitrator.

WATNEY, COMBE, REID & CO., LTD. v. E. M. DOWER & CO., LTD.

[1956] 2 Lloyd's Rep. 325
Arbitration-Extension of time-Undue hardship -Arbitration Act, 1950, Sect. 27.

STANHOPE STEAMSHIP COMPANY, LTD. v. BRITISH PHOSPHATE COMMISSIONERS.

[1956] 2 Lloyd's Rep. 331
Practice-Pleadings - Counterclaim - Amendment to defence and counterclaim raising statutebarred claim - "Well-settled principle" - Limitation Act, 1939, Sects. 2, 28.

THE "ROBERT L. HOLT."

[1956] 2 Lloyd's Rep. 337
Collision - River - Starboard-hand rule - Fog - Signals not heard - Both vessels equipped with radar-Speeds-Alleged duty to anchor -Seamanship.

ARTER v. SCRUTTONS, LTD.

[1956] 2 Lloyd's Rep. 349
Negligence-System of working-Dock labourer struck by hatch beam removed from barge by shore crane-Beam slung with considerable tilt-Duty of crane-driver to warn-Liability of employers of crane-driver.

AUSTIN v. BRITISH TRANSPORT COMMISSION.

[1956] 2 Lloyd's Rep. 353
Negligence - Passenger - Injury to steamship passenger in rough weather - Promenade deck-Glass panels in doors-Weather boards not erected-Failure by shipowners to take reasonable care-Foreseeability of danger.

PEREL v. MACANDREWS & CO., LTD.

[1956] 2 Lloyd's Rep. 362
Master and servant-System of working-Means of access-Ship's steward-Distribution and serving of drinks-Steward required to step over coaming and casing-"Slipped disk"- Casing a normal fitment-Awkward but not dangerous.

EVERA S.A. COMERCIAL v. NORTH SHIPPING COMPANY, LTD.

[1956] 2 Lloyd's Rep. 367
Charter-party - "Expected ready to load about . . ."-Contemplated performance-Ship already under earlier charter - Consecutive voyages-Circumstances of earlier charter set out in current charter-Serious delay under earlier charter-Inability to perform current charter within reasonable time-Cancellation by charterers-Whether expected readiness under current charter dependent upon date of fulfilment of earlier charter-Damages.

G. H. RENTON & CO., LTD. v. PALMYRA TRADING CORPORATION.

[1956] 2 Lloyd's Rep. 379
Bill of lading-Strike at nominated ports of delivery-Deviation-Clause entitling master in event of strike to "discharge the cargo at port of loading or any other safe and convenient port" - Cargo discharged at "other safe and convenient port," such discharge being "deemed due fulfilment of the contract"-Cost of storage, forwarding to nominated ports, etc., borne by cargo-owners -Liability of shipowners-Incorporation of Canadian Water Carriage of Goods Act, 1936-Repugnancy-Meaning of "carry" -Art. I(e); Art. III, rr. 2, 8; Art. IV, r. 4.

BRYERS v. CANADIAN PACIFIC STEAMSHTPS, LTD.

[1956] 2 Lloyd's Rep. 394
Shipbuilding Regulations, 1931-Public dry dock -Repairs to ship-Several repairers under contract with shipowners-Notional occupier -Means of access-Seaman's fall into well of unfenced lower hold-Liability of shipowners -"Duties"-Whether seaman within class of persons given civil right of action as result of breach of Regulations - Regulation 10.

LOTT v. HORSLEY, SMITH & CO. (LONDON), LTD.

[1956] 2 Lloyd's Rep. 410
Master and servant-Fellow-employee-Unloading of timber cargo from barge-Injury to deal porter-Alleged negligence of fellow-employee -Occupational hazard.

WINSTANLEY v. ATHEL LINE, LTD.

[1956] 2 Lloyd's Rep. 424
Master and servant-System of working-Safe premises-Staging-Painting of ship's engine-room - Seaman's fall - Lifeline not used - Safety nets not available-Fault of omission -Liability of shipowners.

THOMPSON v. PETER JOHNSTON & CO., LTD.

[1956] 2 Lloyd's Rep. 430
Negligence-Ship under repair-Hatch cover left in dangerous position-Injury to employee of sub-contractors - Alleged negligence of employees of other sub-contractors-Previous unsuccessful claim against shipowners as invitors.

J. H. VANTOL, LTD. v. FAIRCLOUGH, DODD & JONES, LTD.

[1956] 2 Lloyd's Rep. 437
Sale of goods (c.i.f.)-Shipment-Extension clause-Failure to ship-Force majeure- Delay due to prohibition of export-Ban on export imposed and later lifted during contract period-"Should the shipment be delayed by . . . prohibition of export . . . the time of shipment shall be extended by two months"-Period covered by extension clause-London Oil and Tallow Trades Association Contract, Form 5a.

BACCUS S.R.L. v. SERVICIO NACIONAL DEL TRIGO.

[1956] 2 Lloyd's Rep. 448
International law-Sovereign immunity-Waiver -State-trading corporation-Separate legal entity-Whether department of State- Submission to jurisdiction of English Courts -Unconditional appearance entered to writ -Application for security for costs-Steps taken by official in charge of department without knowledge or authority of his superior Minister-Effect.

THE "ASSUNZIONE."

[1956] 2 Lloyd's Rep. 468
Bill of lading-Damage to cargo by sea water- Unseaworthiness-Breakdown of steering gear in heavy weather-Cracks in deck and shell plates-Detective pumping equipment- Perils of the sea-"Act, neglect, or default" of crew-Novus actus interveniens-Due diligence-Onus of proof-Carriage of Goods by Sea Act, 1924, Art. IV, rr. 1, 2 (a), 2 (c).

THE "TELEMACHUS."

[1956] 2 Lloyd's Rep. 490
Salvage-Sister ship-Claim by master and crew -Engines broken down-Ship in no immediate danger-Towage through difficult harbour entrance-Principles applied in making award-High values at risk-Responsibility of master of salving ship. Salvage-Personal services-Award-Assessment- Incidence of taxation.

HAYDEN v. MERSEY DOCKS AND HARBOUR BOARD.

[1956] 2 Lloyd's Rep. 497
Building (Safety, Health & Welfare) Regulations, 1948-Means of access-Protection against falling from roof-Obvious danger- Contributory negligence.

ROMFORD ICE & COLD STORAGE COMPANY, LTD. v. LISTER.

[1956] 2 Lloyd's Rep. 505
Master and servant-Contract of service-Implied term-Negligent driving of lorry by servant causing injury to fellow-employee-Vicarious liability of employer-Right to claim indemnity or contribution from servant in respect of (1) servant's negligence; (2) servant's breach of implied term of contract of service that he would use reasonable care and skill in the performance of his work- Joint tortfeasors-Alleged implied terms of contract of service that master should keep servant fully insured against his negligence, and that servant should be entitled to benefit of any insurance effected by master-Remoteness of damage-Road Traffic Act, 1930, Sect. 35, 36-Law Reform (Married Women and Tortfeasors) Act, 1935, Sect. 6.

THE "MIGUEL DE LARRINAGA."

[1956] 2 Lloyd's Rep. 530
Collision - Fog - Radar - Excessive speed - Alteration of helm.

THE "ACHILLE LAURO."

[1956] 2 Lloyd's Rep. 540
Collision-Fog-Speed-Alterations of course- Misleading "lying stopped" signals-Seamanship - Collision Regulations, 1910, Art. 16.

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

[1956] 2 Lloyd's Rep. 552
Negligence-System of working-Unusual danger -Loading of ship with stores-Use of ship's derrick-Injury to ship-repairers' employee on deck-Duty to warn-Whether signaller should have been employed-Docks Regulations, 1934, Regulation 43.

WARD v. GLEN LINE, LTD.

[1956] 2 Lloyd's Rep. 555
Negligence-System of working-Loading of ship from barge alongside-Married gear-Injury to dock labourer in barge when he avoided set which swung-Barge at angle to ship- Cargo out of plumb-Occupational hazard.

SPRING v. J. J. MACK & SONS, LTD.

[1956] 2 Lloyd's Rep. 558
Master and servant-System of working-Unloading of cargo-Cartons stowed on bagged cargo-Dock labourer struck by carton falling from "wall" of cargo-Contributory negligence.

WILSON v. BOAG.*

[1956] 2 Lloyd's Rep. 564
Marine insurance-Mixed policy-Period insurance of motor launch while used within limited radius of particular area-Loss sustained within limits while on voyage to port outside limits-Whether recoverable- Construction.

VINE v. NATIONAL DOCK LABOUR BOARD.

[1956] 2 Lloyd's Rep. 567
Dock Labour Scheme-Dock labourer-Dismissal by disciplinary sub-committee appointed by Local Board-Exercise of quasi-judicial power-Non-delegability-Action ultra vires - Appropriate remedy - Dock Workers (Regulation of Employment) Scheme, 1947, Clauses 8, 16, 17, 18.

MORRIS v. CUNARD STEAM-SHIP COMPANY, LTD.

[1956] 2 Lloyd's Rep. 583
Master and servant-System of working-Use of ship's winch by assistant steward-Assistant steward inexperienced and without authority to use winch - Injury - Whether effective warning given by employers not to use winch -Contributory negligence-Onus of proof.

IN RE MERCHANT SHIPPING ACTS, 1894-1948. THE "CORCHESTER." (NORTHCOTT'S APPEAL.)

[1956] 2 Lloyd's Rep. 595
Merchant Shipping Act, 1894-Shipping casualty - Statutory tribunal - Court of Formal Investigation-Suspension of master's certificate -Report and Annex read in open Court -Publication in amended form-Material alterations-Appeal by master-Validity of order for suspension-Original Report and Annex considered - Whether findings sufficient to justify suspension-"Wrongful act or default"-Sects. 466, 470.

EGGLESTON v. PORT OF LONDON AUTHORITY.

[1956] 2 Lloyd's Rep. 612
Master and servant-Fellow-employee-Unloading of vessel-Married gear-Dock labourer injured by set of cargo being "floated" out from under wing of hold-Alleged negligent execution of operation by fellow-employees.

WEST, WAKE, PRICE & CO. v. CHING.

[1956] 2 Lloyd's Rep. 618
Insurance-Accountants Indemnity policy- Negligence-"Mixed" claim brought against assured - Basis of claim - Dishonesty of servant of assured-Applicability of Q.C. clause-Scope of policy.

DUKELOW v. SCRUTTONS, LTD., AND ASSOCIATED PORTLAND CEMENT MANUFACTURERS, LTD.

[1956] 2 Lloyd's Rep. 631
Negligence-Unloading of barge-Bad stowage- Bagged cargo-Stevedore injured by falling bag-Liability of employers and/or barge-owners.

LEGGETT v. W. H. J. ALEXANDER, LTD.

[1956] 2 Lloyd's Rep. 639
Master and servant-Tug manoeuvring to make fast to vessel - Seaman's hand trapped between tug and vessel-Alleged negligence of tugmaster.

BALFOUR v. BARTY-KING AND ANOTHER (HYDER & SONS (BUILDERS), LTD., THIRD PARTIES).

[1956] 2 Lloyd's Rep. 646
Negligence - Fire - Accidental fire - Escape to adjoining premises-Employment of independent contractors by occupiers-Negligence of workmen-Use of blowlamp in close proximity to combustible material - Extra-hazardous operation - Need for special precautions - Liability of occupiers - Rule in Rylands v. Fletcher-Whether blowlamp object of class to which rule applied - Fires Prevention (Metropolis) Act, 1774.

THE "KIRKNES."

[1956] 2 Lloyd's Rep. 651
Limitation of liability-Towage contract-Untied Kingdom Standard Towage Conditions - Sinking of tug with loss of life - Admitted negligence of tow-Claim in tort by tugowners and dependants of crew-Alternative claim by tugowners based on contractual liability of owners of tow-Whether tugowners contracted on behalf of crew - Merchant Shipping Act, 1894, Sect. 503.

LYELL v. BOYD LINE, LTD.

[1956] 2 Lloyd's Rep. 660
Negligence - Safety of life at sea - Trawler - Seamen washed overboard while securing trawl - Lifelines not rigged - Alleged negligence of skipper-Liability of trawler owners -Causation.

THE "SEDGEPOOL."

[1956] 2 Lloyd's Rep. 668
Collision-Fog-Narrow channel-Starboard-hand rule-Helm action-Speeds-Radar-Collision Regulations, 1910, Arts. 16, 25.

A. B. KEMP, LTD., AND OTHERS v. TOLLAND (TRADING AS JAMES TOLLAND & CO.).

[1956] 2 Lloyd's Rep. 681
Sale of goods - Fitness for purpose - London purchase of Italian peaches for re-sale in Northern Ireland - Fruit condemned on arrival at destination - Disputed cause of deterioration-Whether "reasonably fit" for purpose-Onus of proof-Sale of Goods Act, 1893, Sect. 14 (1).

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