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limited by the assured to such freight only as he has an insurable interest in at the timo of effecting the assurance. Allison y. The Bristol Ma.
rine Insur. Co., C.P., 334 By a charter-party under which plaintiff's vessel was chartered to carry a cargo of coal from Greenock to Bombay, freight was to be paid on the right delivery of the cargo at a certain rate per ton on the quantity delivered, and such freight was to be paid half in cash on signing bills of lading and the remainder on the right delivery of the cargo. The vessel left Greenock with her chartered cargo and was wrecked on the voyage, and half its cargo was totally lost, but half was saved and delivered at Bombay the port of destination, but as the freight in respect of such cargo was less than the freight which had been paid in advance on signing the bills of lading, plaintiff received no freight on the delivery of such half but totally lost the same :Held, that the freight which the plaintiff so lost was recoverable as a total loss under an insurance of " freight” by the said vessel, on the said voyage, which the plaintiff effected after the charter-party, although the underwriters were not informed, at the time, of such charter-party, and that part of the freight was payable in advance, as the plaintiff at the time of effecting such insurance had only an insurable interest in so much of the freight as was payable on the delivery of the cargo at the port of destination. Ibid.
ties interested should be covered, and that plaintiffs having such an interest and a duty of selling and managing, were in law entitled so to insure and were the only persons to bring an action, and might aver, as they did in their
declaration, and recover to the full extent, applying the proceeds to their own benefit to the extent of their own claims, and holding the residue for the other persons interested; but per BRETT, J., and KEATING, J., plaintiffs were consignees for sale of goods not arrived, who had made advances on goods, but had only a contract right as to them, and though interested in every part were not tho legal owners, and therefore they were by law limited to the recovery of their own beneficial interest, which alone they could properly insure and recover,
Elsworth v. Alliance Marine Insur. Co., C.P., 305
risk during land transit : restraint of princes : goods in a besieged town]-By an ordinary Lloyd's policy goods were insured from Shanghai to London, via Marseilles, and whilst remaining there for "transit, including all risks of craft to and from the steamers, and the risks insured included “arrests, restraints and detainments of princes." Goods sent from Shanghai to London, via Marseilles, are always sent overland through France, and this was well known to underwriters. The goods insured having arrived at Marseilles, were in the usual course forwarded by railway to Paris to go from thence to Boulogne; but soon after they reached Paris, that city was so completely surrounded and invested by the German armies, who were then besieging it, that it was impossible to remove the goods from it, and accordingly the assured gave notice of abandonment to the underwriters of the policy :-Held, that the policy covered the risk during the land transit of the goods through France, and also that there was a loss by“ a restraint of princes" within the terms of the policy, which justified the notice of abandonment. Rodocanachi v. Elliott, C.P., 247
insurable interest entitling parties to bring action]-Plaintiffs were cotton brokers and agents in London, who were accustomed to receive consignments of cotton from Bombay for sale on behalf of the shippers who drew bills of exchange on them against the consignments; the bills of exchange were usually negotiated in India, sent to this country with the bills of lading attached as security, presented to, and accepted by, plaintiffs against delivery of the shipping documents; and plaintiffs were in the habit of effecting open floating policies of insurance with the defendants “as well in their own names as for and in the name or names of all and every person or persons to whom the same doth, may or shall appertain in part or in all.” Cotton having been shipped, bills of exchange drawn on plaintiffs against it, negotiated and sent with the bills of lading and accepted against delivery of the documents, plaintiffs declared the cotton against two open floating policies previously made and not yet exhausted ; and the cotton being lost, the bills exchange paid by them, and the bills of lading obtained, brought an action on the policies, averring that they, or some or one of them, were interested to the full amount named, and that the insurances were made for the use and benefit and on account of the persons so interested :-Held, per Bovill, C.J., and DENMAN, J., on the facts of the ease, that plaintifls had an equitable interest in every part of the cotton, and that it was intended that not only their interests but those of the other par
separate packages : damage to some packages by sea water, to others from suspicion and prejudice]-By a marine policy of insurance the insurance was described to be “ on 1,711 packages teas," valued at one sum, on a voyage from New York to London, by a certain ship “ warranted by the assured free from damage from dampness, change of flavour, or being spotted, or mouldy, except caused by actual contact of sea water with the articles damaged, occasioned by sea perils.” In case of partial loss by sea damage to certain goods, not including tea," the loss shall be ascertained by a separation and sale of the portion only of the contents of the packages so damaged, and not otherwise; and the same practice shall obtain as to all other merchandise, as far as practicable.” The ship met with very bad weather during the voyage, and 449 of the 1,711 packages of the tea were seriously damaged by actual
terms for a marine insurance with the broker
act of estoppel; nor
MARRIED WOMAN-registration of stock in name of
contact of sea water. The rest of the packages
York, C.P., 266
The vessel having stayed a month on
slip: policy: concealment of material facts :
married woman]- U pon the application of a mar-
Order on to pay debt under the Debtors
MASTER AND SERVANT-action by governess: Non-
disclosure of material fact: absence of fraud]-
slip: policy: concealment of material fact :
METROPOLIS LOCAL MANAGEMENT Acts — Pro
visions for paving new streets. Lands used for purposes of a railway. Higgins v. Harding, (M.C., 31), Q.B., 27
paving expenses : apportioned amount of expenses payable by future owners] -The effect of the 77th section of the Metropolis Local Ma. nagement Act, 1862, is to make the apportioned amount of paving expenses incurred under the Act a charge on the premises in respect of which the amount has been apportioned ; and the District Local Board may recover the amounts so apportioned from subsequent owners of the premises accordingly, although no arrangement be made for payment by instalments-affirming the decision below, Ex. page 50. Ingoldby v. Plumstead Board of Works (Ex. Ch.), Ex., 136
Building erected beyond general line. Limitation of time for complaint. Penalty or forfeiture. Vestry of Bermondsey V. Johnson (M.C. 67), C.P., 161
of fraud, and the more non-disclosure of a material fact was, except in the case of policies of insurance, no answer to an action upon & contract. Fletcher v. Krell, Q.B., 55
evidence of negligence of servant in his employment] – The fact that a passenger in an omnibus is struck by the driver's whip is prima facie evidence of negligence by the driver in the course of his employment; and even if it appear that the blow was struck at the servant of another omnibus with whom there had been a dispute, and who had jumped on the omnibus step to get its number, it is a question for the jury whether the blow was struck by the driver in private spite or in supposed furtherance of his employer's interests. Ward v. The General Omnibus Company (Ex. Ch.), C.P., 265
negligence of servant : acting within scope of employment]-One W. being employed to cart certain iron to a wharf, and defendant, a steredore, to ship it on board a ship alongside, dofendant's foreman, who was acting for bin, being dissatisfied with the uncarting of the iron by W.'s carters, got into the cart, threw out some iron, and in so doing injured plaintiff. Two of plaintiff's witnesses said it was the duty of W.'s carters to put the iron on the ground, and of the stevedore then to take it, and this was the only evidence as to the duty of defendant and his servants :—Held, by Grove, J., and DENMAN, J., that it was a question for the jury whether, in the particular case, the foreman was acting within the scope of his employment; but by BRETT, J., that the Judge was bound to say that what was done by him was done before his employment by defendant commencod. Burns y. Poule son, C.P., 302
Repairs of new street. R. v. The Hackney
minerals: compensation clause: right of surface
Liability for acts of Servant. See Carriers by Railway. And see Negligence. Principal and Surety.
Mayor's COURT OF LONDON. See Appeal. Infe
rior Court. Prohibition,
MEDICAL Act-right of surgeon to sue for medicines
unconnected with surgical treatment]-Under the Apothecaries Act (55 Geo. 3. c. 194), s. 21, which is not repealed by the Medical Act, 1858 (21 & 22 Vict. c. 90), ss. 31, 32, a member of the College of Surgeons, registered as a surgeon only under the later Act and having no further qualification, cannot recover for medicines administered by him in a case, not requiring surgical treatment. Leman v. Fletcher, Q.B., 214
METROPOLIS Gas Act, 1860 — The provisions
of this Act are not repealed by the Gas Light and Coke Company's Act, 1868-affirming the decision of the Queen's Bench, 41 Law J. Rep. (N.s.) Q.B. 36. The Gas Light and Coke Com
also over and besides the immediate damage to stock or crops so damaged, to pay a satisfaction for all damages sustained by the owners in fee after the rate of 40s. per annum for five years from the commencement of the damage, and after that time to pay such a price for the land so damaged as should be settled by arbitration :-Held, that upon the true construction of the lease, the owners in fee granted the absolute right to work the minerals, without regard to injury to the surface, subject only to the obligation to pay compensation according to the covenant. Smith v. Darby, Q.B., 140
MINES AND MINING LEASES (continued)
servation of : compensation for damage from workings]-Lessoes of lands subject to clauses reserving to lessor the minerals with power to work them, making compensation, bought the reversion subject to similar clauses, which reserved the minerals with working powers of an extensive character, and provided for compensation for damage or spoil to the ground thereby : -Held, that the true construction of the particular deod was that the compensation was to be made, not merely as to future workings, &c., but also for subsequent damage accruing from the future use of existing workings, &c., and that such compensation was to be assessed with reference to the marketable value of the land, taken or damaged, for all purposes to which it was reasonably applicable, without regard to the powers of working, &c., to which it was subject, and that there was no restriction on increasing the weight in the mines. Mordue v. The Dean and Chapter of Durhum, C.P., 114
mining lease : support of surface by subjacent land : liability for subsidence] -When the owner of surface and minerals beneath grants a mining lease of the minerals for a term, there is not, outside the contract, an implied reservation of any right to have the surface supported by the minerals. The contract itself must be looked at, and construed with regard to the subject matter, in order to arrive at the extent to which the owner autho. rises the minerals to be removed. Eadon v.
Jeffcock, Ex., 36 Where a mining lease authorised the removal of
all the coal beneath the surface except certain portions, subject to a covenant to work the mine in a good and workmanlike manner, -Held, that the lessees, doing only what the lease authorised them to do, were not responsible to the lessor for the subsidence of the surface caused by their mining operations.-Dugdale v. Robertson distinguished. Ibid.
gor's covenant to pay the debt, the action being brought to recover the balance due to the mortgageo, after giving credit for the money realised on the sale of the mortgaged property, the defendant pleaded, by way of equitable defence, a plea which shewed that the plaintiff had taken possession of the mortgaged property, and had sold the same under the power of sale contained in the mortgage, and had thereby, as the plea alleged, deprived the defendant of his right to have such property reconveyed to him upon payment of the money and interest due on the mortgage. This plea was pleaded under a master's order, which gare the plaintiff liberty to reply and demur thereto. Instead of demurring, the plaintiff applied for and obtained an order from a Judge to strike the plea out :Held, that such Judge's order was rightly made, as the plea was clearly bad, since it did not shew that sufficient had been realised by the sale to satisfy the debt. Rudge v. Richens, C.P., 127
MUNICIPAL ELECTION election of borough coun
cillor : burge88 on roll for two wards : selection of ward]-By the Municipal Corporation Act, 5 & 6 Will. 4. c. 76, S. 44, "if burgess be rated in respect of distinct premises in two or more wards, he shall be entitled to be enrolled and to vote in such one of the wards as he shall select, but not in more than one." At an election of councillors for a borough which was divided into wards a burgess who was on the roll for two wards voted for the defendant in one ward, and immediately afterwards voted in the other ward:– Hed, on the authority of The Queen v. Tugwell (37 Law J. Rep. (p.s.) Q.B. 275), that the vote was good, and that the voter having voted in one ward, had irrevocably made his selection, which was not affected by what took place afterwards. Regina v. Harrald, Q.B., 211
Ballot Act: duties of presiding officer and clerks : action for breach of duty: pleading] -Under the Ballot Act, 1872, it is the duty of the presiding officer at a polling station, or a clerk deputed by him, whichever of them in fact undertakes it, to deliver to the voters ballot papers bearing the official mark, and to be present, so that each voter, before placing his ballot paper in the box, can shew to him the official mark on its back ; but prima facie, and in the absence of it appearing that a clerk has been deputed by such presiding officer to fulfil it, the duty lies on such officer, -So Held by the whole Court. Pickering v. James, C.P.,
217 But it is doubtful whether there is a similar duty
as to ascertaining, before the voters put their ballot papers in the box, whether they are properly marked with the official mark,- KEATING, J., and BRETT, J., holding that there is, and
than a license from the occupier thereof to graze
BOVILL, C.J., and GROVE, J., that there is not.
breach of duty, he is liable to an action for
the whole Court. Ibid.
and breach thereof by the defendant, and after
injury to passenger in omnibus : evidence for
NEGLIGENCE-obligation to repair fence : escape
causing death of servant : action for loss of
for injuries to passengers. See Carriers by
NEW TRIAL. See Practice.
Noxsuit. See False Imprisonment.
NUL TIEL RECORD. See Jurisdiction.
of cattle: want of notice of fence being out
- duty to fence adjoining lands : liability to per-
has no more interest in the adjoining lands
PARLIAMENT-county vote: rent-charge : actual pos-
session : operation of the statute of uses)-A rent-