CHARTER CLAIM FOR Loss OWING TO CARRYING CAPACITY OF STEAMSHIP BEING LESS THAN STATED. -Settled by payment by defen lants

CHARTER PARTY-ACTION FOR DAMAGE AGAINST CHARTERERS FOR FAILURE TO LOAD VESSEL CHARTERED BY FIRST CHARTER TO TAKE CARGO TO R., AND BY SECOND CHARTER TO PROCEED IMMEDIATELY IN BALLAST TO FULFIL THIS CHARTER VESSEL LEFT R. FOR C. FOR BUNKER COAL, PROCRKDED AND WAS READY IN DUE TIME FOR SECOND CHARTER, BUT CHARTERERS DECLINED TO ACCEPT VESSEL.Held vessel did "proceed immediately "in accordance with second charter, and, if not, breach only sounded in damages, and no damages recoverable. Judgment for paintiff's agreed at £700, with

costs

The "Hellopes" (Master)

Falck v. Williams. The "Semiramis "

C.A.

CHARTER PARTY-ACTION TO RECOVER BACK HIRE PAID IN ADVANCE, £1,577. 3s. 11d., ALLEGED NOT EARNED-VESSEL LOST AT SEA-QUESTION WHETHER IN DECEMBER OR IN JANUARY.-Judgment for plaintiff with costs

CHARTER PARTY-BREACH OF-ACTION BY SIUPOWNERS FOR NON-SUPPLY OF CARGO-CHARTER PARTY SIGNED BY BROKER FOR SHIP TO ARRIVE "ABOUT NOVEMBER "-DEFENCE: NO CHARTER PARTY AND NON-ARRIVAL OF SHIP IN TIME-SHIP ARRIVED DECEMBER 1.-Held defendant bound by charter party, and judgment for plaintiff affirming judgment of Sheriff Substitute

CHARTER PARTY-BREACH OF CATTLESHIP-133 BULLOCKS DYING.-Held some carried in improper places, and judgment for plaintiffs, value of 97 at £17 per head

CHARTER PARTY-BREACH OF-CLAIM BY CHARTERERS FOR FAILURE TO CARRY OUT CONTRACT TO TRANSPORT COAL TO CUBA.-Held transport rendered illegal by war and impossible by blockade, and claim dismissed

CHARTER PARTY-BREACH OF-MASTER BY INSTRUCTION OF CHARTERERS SIGNED BILLS OF LADING WITHOUT NEGLIGENCE CLAUSE-GENERAL AVERAGE Loss RESULT OF MASTER'S NEGLIGENCE - PLAINTIFFS UNABLE TO RECOVER GENERAL AVERAGE FROM CARGO OWNERS, AND THEREUPON SUED CHARTERERS. -Judgment for plaintiffs

CHARTER PARTY-BREACH OF-VESSEL PUT INTO RIO SHORT OF COAL, AND CONSEQUENTLY HAD TO LAND CARGO (CATTLE AND SHEEP) AT ANTWERP INSTEAD OF DEPTFORD-DEFENCE, “ FORCE MAJEURE.”—Held insufficient supply taken, and judgment for plaintiffs CHARTER PARTY-CLAIM AGAINST CHARTERERS BY SHIPOWNERS FOR COST OF DISCHARGING INTO BARGE AND ON TO QUAY FROM SHIP'S RAIL-NOTWITHSTANDING ADMITTED CUSTOM OF PORT OF LONDON THAT SHIPOWNERS REQUIRED TO DO SUCH WORK OUTSIDE SHIP PLAINTIFFS RELIED ON SPECIAL CLAUSE: "THE CARGO TO BE BROUGHT TO AND TAKEN FROM ALONGSIDE THE STEAMER AT CHARTERERS' RISK AND EXPENSE, ANY CUSTOM OF THE PORT NOTWITHSTANDING."--Judgment for plaintiffs, £28. 10s., with costs on High Court scale. (See Article, p. 47)

CHARTER PARTY-CLAIM BY SHIPOWNERS AGAINST CHARTERERS FOR PAYMENT OF COST OF TOWAGE AS A "PORT CHARGE"-CUSTOM OF PORT OF MOBILE. Judgment for defendants. Held not a port charge CHARTER PARTY-CLAIM BY SHIPOWNERS FOR BREACH OF CHARTER-COLLIERY GUARANTEE FROM COLLIERY WHERE WORK STOPPED BY STRIKE OFFERED AND REFUSED.-Judgment for defendants; shipowner bound to accept the guarantee

CHARTER PARTY-CLAIM FOR FREIGHT OR DAMAGES -PLANKS EXCEEDING AGREED SIZE-DEFENCE: CUSTOM NOT TO REGARD FRACTIONS OF INCH UNDER ONE-QUARTER.-Held custom proved, and judgment for defendants

CHARTER PARTY-COST OF DISCHARGE PER TONFREIGHT PAYABLE EITHER ON QUANTITY DELIVERED OR ON B.L. QUANTITY LESS 2 PER CENT.-RECEIVERS CHOSE LATTER, BUT DEDUCTED DISCHARGE CHARGES ON THE GROSS B.L. QUANTITY-CLAIM BY SHIPOWNERS TO RECOVER EXCESS OVER CHARGES ON B.L. QUANTITY LESS 2 PER CENT.-Judgment by Rochelle T.C. for plaintiffs. Appeal to Poictiers A.C. sustained with cost. (Compare contra The "Hollinside," Maritime Notes and Queries, Vol. XII., p. 9)

CHARTER PARTY-STRIKE-COLLIERY GUARANTEEACTION (1) BY SHIPOWNERS AGAINST CHARTERERS FOR DEMURRAGE AND FOR NOT LOADING, AND (2) BY PURCHASERS OF COAL (CHARTERER) AGAINST COLLIERY OWNERS FOR INDEMNITY AND DAMAGES.Judgment in Q.B.D. (1) for plaintiffs and (2) for plaintiffs. (See Maritime Notes and Queries, Vol. XII., p. 6.) On appeal to C.A. held: Action 1, plaintiff not entitled to demurrage, but only damages for not loading. Appeal so far allowed with costs of appeal. Action 2, appeal dismissed

CHARTER, TIME--CHARTERER REPUDIATING LIABILITY FOR TIME WASTED THROUGH STRIKE WHILE DISCHARGING.-Judgment in Landgericht against charterer, but in his favour in Oberlandsgericht and Reichsgericht

CHARTER, TIME-LIBERTY OF OWNERS TO WITHDRAW SHIP FAILING PUNCTUAL AND REGULAR PAYMENT→ SECOND MONTH'S PAYMENT TWO DAYS LATEOWNERS GAVE NOTICE OF WITHDRAWAL AND KXACTED EXTRA FREIGHT-ACTION BY CHARTERERS TO RECOVER BACK SUCH PAYMENT.-Held payment not too late, and if otherwise waiver of right to withdraw and judgment for plaintiffs with costs. Stay relused

COLLISION BETWEEN BARGE AND STEAMSHIP-LANGTON DOCK, LIVERPOOL-Held "Kelvindale alone to blame; bad look-out and speed

COLLISION BETWEEN BARGE AND STEAMSHIP, THROUGH FAULT ALLEGED OF SECOND BARGE-ACTION AGAINST SECOND BARGE-OWNERS OF STEAMSHIP JOINED AS CO-DEFENDANTS.-Held second barge "Sydney" alone to blame. Judgment against plaintiffs for damages and costs, and also costs of co-defendants

COLLISION BETWEEN BARQUE AND SAILING SHIP IN HARBOUR-ALLEGED THAT "MELANOPE" DRAGGED, AND ALLEGED contrâ THAT SOLVEIG" GAVE FOUL BERTH.-Held “ Melanope " alone to blame

COLLISION BETWEEN BARQUE AND STEAMSHIP-CROSEY CHANNEL-ACTION AGAINST PILOT OF STEAMSHIP.-Verdict and judgment for plaintiff

COLLISION BETWEEN BARQUE AND STEAMSHIP-FLARE STERN LIGHT EXHIBITED.-Held "Blackheath alone to blame

COLLISION BETWEEN BRIG AND BARQUE-ENGLISH CHANNEL-Held "Talca " alone to blame for putting about at improper time or in improper manner COLLISION BETWEEN BRIG AND DREDGER ALLEGED CAUSED BY STEAMSHIP.-Held in C.C. "Glanystwyth" alone to blame. On appeal, appeal dismissed with costs by consent

COLLISION BETWEEN BRIGANTINE AND SHIP IN TOW OF TUG-ACTION AGAINST TUG.-In C.L.C. nonsuit on ground brigantine might have gone about and avoided collision. On appeal held both to blame; as to tug for breach of Regulations and under the Merchant Shipping Act 1894, section 419, sub-section (4), and as to brigantine for not doing anything when action on her part became necessary. Application by appellant for costs on ground offered in C.L.C. to agree to judgment both to blame. plication refused; no costs COLLISION BETWEEN BRIGANTINE AND STEAMSHIP.Held both to blame, "Sensation" for not showing stern light properly," Fagerli" for bad look-out COLLISION BETWEEN BRIGANTINE AND STEAMTUGTHAMES.-Held in C.L.C. brigantine "Pitho" in fault for backing yard, and judgment for defendants with costs. On appeal to A.D., appeal dismissed with costs, on preliminary objection that as appeal on fact and amount under £50 no right of appeal

Ap

COLLISION BETWEEN DUMB BARGE AND STEAMSHIPRIVER THAMES.-Held collision caused by tug towing the barge "Sophy" turning too close to the "Abana," and no negligence on part of defendants. Judgment for defendants with costs

COLLISION BETWEEN DUMB BARGE AT ANCHOR AND STEAMSHIP-RIVER AVON.-Held steamship "Eglinton" alone to blame for careless navigation COLLISION BETWEEN DUMB BARGE, MOORED, AND STEAMSHIP.-Held "Stamfordham" alone to blame COLLISION BETWEEN FISHING SMACK AND STEAMSHIP-NORTH SEA.-Settled defendants to pay 50 per cent. of plaintiff's damages and costs COLLISION BETWEEN FOUR STEAMSHIPS-THAMES. --Held "Rosalind" and pilot of Balgownie" to blame for first collision: "Rosalind" to blame for second collision: "Rosalind" and "Burns" both to blame for last collision

COLLISION BETWEEN HOPPERS AND STEAMSHIPRIVER WEAR.-Collision between two steamships, the "Saxon" and the Sherburn," caused one of them, the Saxon," to damage the hoppers. Action by hoppers against the two steamships. Held in C.C. that the "Saxon" alone to blame, and judg ment for plaintiffs against "Saxon" with costs, and non-suit in claim against "Sherburn," costs to be paid by plaintiff's. Appeals to A.D. by plaintiffs and "Saxon" dismissed with costs

COLLISION BETWEEN KEEL (AT ANCHOR) AND TUG AND SCHOONER-RIVER OUSE.-Held "St. Vincent," keel, to blame for lying in improper position, and "City of York," tug, also in fault: "Princess," schooner, not to blame. Counterclaim and costs to be paid by the "St. Vincent

COLLISION BETWEEN KETCH AND STEAMSHIP-PLY-
MOUTH SOUND.-Held "Balboa" alone to blame for
not taking steps to prevent dragging
COLLISION

BETWEEN KETCH AND STEAMSHIPTHAMES.-Held " Viola " alone to blame for bad lookout and not keeping clear of ketch COLLISION BETWEEN KETCH AND STEAMSHIPTHAMES-FOG.-Held C.L.C. inevitable accident. On appeal to A.D. held "Westoe" to blame for bad lookout and improper speed

COLLISION BETWEEN SAILING BARGE AND BARGES IN Tow.-Held in C.L.C. tug alone to blame. Appeal to A.D. dismissed with costs

COLLISION BETWEEN SAILING BARGE AND BARGES IN TOW OF TUG-THAMES-ACTION AGAINST TUG.Judgment for plaintiffs with costs COLLISION BETWEEN SAILING BARGE AND STEAMSHIPTHAMES.-Held both to blame; barge for not keeping tack, and steamship for bad look-out and not checking speed promptly COLLISION BETWEEN SAILING BARGE AND STEAMSHIPTHAMES.-Held in C.L.C. (before defentant's witnesses called) no negligence made out against steamship, and plaintiff non-suited. On appeal to A.D. appeal allowed with costs and new trial ordered. Application to have trial in A.D. refused. New trial in C.L.C. Non-suit. Appeal to A.D. allowed, and judgment for plaintiff with costs. "Ptarmigan alone to blame

COLLISION BETWEEN SAILING BARGE AND STEAMSHIP— THAMES.-In C.L.C. owner of "Britannia" nonsuited, on ground not shown material damage done by "Widgeon." On appeal, appeal allowed. Judgment for plaintiffs with costs

COLLISION BETWEEN SAILING BARGE AND STEAMTUG-THAMES.--Judgment for plaintiff with costs.

COLLISION BETWEEN SAILING BARGES-THAMES.Judgment for plaintiff with costs

COLLISION BETWEEN SAILING SHIP AND STEAMSHIP IN FOG.-Held "La Bourgogne" alone to blame for excessive speed. Appeal to C.A. dismissed with

costs

COLLISION BETWEEN SCHOONER AND BARQUE.-Held the Loch Bredan" alone to blame for not keeping out of the way COLLISION BETWEEN SCHOONER AND STEAMSHIPENGLISH CHANNEL.-Held the "Afrique" alone to blame for improper speed COLLISION BETWEEN SCHOONER AND STEAMSHIPNORTH SEA.-Foghorn of schooner not blown at proper intervals. Held this could not have contributed to collision, and “Geir" alone to blame for not reversing engines

COLLISION BETWEEN SCHOONER AND STEAMTRAWLER -NORTH SEA.-Held schooner" J. Gronsund" alone in fault for coming up too close to trawler while overtaking her

COLLISION BETWEEN SCHOONERS-ENGLISH CHANNEL.

"David Sinclair," port tack vessel, held alone to blame for failing to take steps to keep clear in time

COLLISION BETWEEN SMACK ENTERING AND TUG WITH TOW GOING OUT OF PORT OF HAVRE-FRENCH LAW.-Held tug "Espérance" alone to blame for not keeping to right side of channel and not whistling; smack not in fault for keeping close to pierhead

COLLISION BETWEEN STEAM FERRY-BOAT AND STEAMSHIP-RIVER MERSEY.-Held both to blame; "Lancashire" for bad look-out and not keeping clear, "Sovereign" for not reversing in due time COLLISION BETWEEN STEAMHOPPER AND STEAMSHIPRIVER USK.-Held both to blame hopper for bad look-out and improper starboarding, steamship for not stopping and reversing in due time

COLLISION BETWEEN STEAMHOPPER AND STEAMSHIPTHAMES.-Held "India" alone to blame for bad look-out and improper porting

COLLISION BETWEEN STEAMHOPPER BARGE AND STEAMSHIP-MERSEY.-Settled. Both to blame COLLISION BETWEEN STEAMSHIP AND BARGE IN TOW OF TUG-RIVER THAMES-ACTION AGAINST THE TUG-STEAMSHIP TURNING ROUND.-Held in the circumstances not within crossing river rule. Tug in fault for improperly attempting to pass steamship, and alone to blame

COLLISION BETWEEN STEAMSHIP AND BARGE-THAMES ACTION AGAINST BARGE AND A TUG.-Judgment for plaintiffs against barge. Action against tug

dismissed

COLLISION BETWEEN STEAMSHIP AND BARQUE AND TOWLINE OF BARQUE'S TUG-ACTION BY STEAMSHIP AGAINST BARQUE "M." AND Tug "B."-DEFENDED BY TUG ONLY.-Judgment by default against barque "M.," and order for sale of barque. On trial of action against tug B.," held both to blame; steamship "Mourne" for keeping port helm and not stopping and reversing soon enough, tug "B." for not slipping or stopping. Barque "M." sold for £855. Steamship "Mourne's" damage assessed at £4,146. Motion for payment to steamship" Mourne " of the £855. Owners of tug "B." contended that this must be taken in reduction of their liability. Held A.D. contention of tug "B." wrong, and steamship "Mourne" entitled to the £855. Appeal to CA. dismissed. Held plaintiffs entitled under first judgment to the £855, and under their second judg ment to half the damage sustained, £2,073