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…There is an allegation of negligence and collusion. The amount involved is collosal and the status quo should be maintained.…

…That sounded strange from a party accusing a bank of fraud and negligence. But it is of a piece with the amended plaint.…

…the contract between the plaintiff and first defendant, the latter finally claims that there was a condition exempting the defendant from liability for any loss or damage of any kind resulting wholly or partly from the negligence…

…the contract between the first defendant and second defendant was admitted with the object no doubt of showing that the second defendant was the agent or servant of the first defendant, the exemption clause covered any negligence…

…accepted in the administration of penal justice and the principle that a party blameable in part for any damage or injury he sustained, should receive diminished compensation, underlies the learning relating to contributory negligence…

…Looking at this dispute from the point of view of the Lyle Shipping Co Ltd case, one finds that as the facts were as found by the trial judge in effect saying that the consignees were not guilty of negligence, AL Smith L…