Lloyd's List Law Reports, Volume 14Lloyd's, 1923 |
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Palavras e frases frequentes
action Admiralty agents agreed agreement alleged Ambatielos amount Arbitration asked award Bank barge BATESON Berth bill of lading breach Brokers buyers captain Cardiff cargo Cephalonia Charleroy charter-party charterers claim Clan Malcolm Clause coal collision contract costs Counsel course Court of Appeal crew damage deck defendants delivery demurrage Dendrinos Denissoff dunnage engineer entitled evidence fact freight Gazan instructed by Messrs Insurance Ituna judgment Justice BAILHACHE Justice ROCHE LESLIE SCOTT liability Lien Lloyd's Lloyd's Register loading London Lord Justice LORD JUSTICE CLERK Lordship loss Lycaon Marine Maronian matter ment Merkur Millgate mortgage negligence onions Ostara owners paid parties payment Pivoc plaintiffs port power of attorney question reason risk River Thames rocks Sale salvage sellers shipowners Shipping Controller starboard steamer Steamship Svein Jarl tiffs tion Trinity House underwriters Vasmer vessel voyage wagons WITNESS wreck Yokefleet Zelenoff
Passagens conhecidas
Página 70 - servants, and the accident is such as, in the ordinary course of things. does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant«, that the accident arose from want of care. But it is obvious that the applicability of these observations of
Página 76 - judgment was unanimous on the law) expressed himself thus : — There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants and the accident is such as in the ordinary course of things does not happen, if those who have the management
Página 76 - proper care, it affords reasonable evidence in the absence of explanation by the defendants that the accident arose from want of care. I take notice of the word explanation. It is not in absence of proof by the defendant that there
Página 107 - Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. It
Página 3 - reference to the Limerick, Nov. 23, 1875. These cases are subsequent to the Admiralty Court Act, 1861, which by Sect 10 provided that the High Court of Admiralty shall have jurisdiction over any claim by a seaman of any ship for wages earned by him on board a
Página 217 - moderate speed, having careful regard to the existing circumstances and conditions. A' steam vessel hearing, apparently forward of her beam, the fog signal of a vessel the position of which is not ascertained, shall so far
Página 107 - Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.
Página 84 - That learned Judge held that the immunity clause did nothing more than give immunity in respect of fire arising from certain specified causes in the course of the voyage, provided the shipowners had exercised due diligence to make the ship seaworthy. Their Lordships will humbly advise his Majesty that the appeal should be allowed, and the judgment
Página 76 - be under the management of the defendant or his servants and the accident is such as in the ordinary course of things does not happen, if those who have the management take
Página 127 - That the said steamer, being tight, staunch and strong, and in every way fitted for the intended voyage, shall with all convenient speed, after arrival at an Argentine port, not south of Bahia Blanca, proceed as ordered by the charterers or their agents to