McLEOD v. HASTIE & SONS, LTD., AND ANOTHER.

(1936) 54 Ll.L.Rep. 269

COURT OF SESSION.

Before Lord Aitchison (Lord Justice-Clerk), Lord Anderson, Lord Murray and Lord Mackay.

Seaman-Personal injuries sustained by mate of steam trawler-Breakdown of steam winch during voyage-Decision of master to use hand windlass to get trawl on board-Windlass in rusty condition - Engineers directed by master to put windlass in working order-Failure of engineers to notice that pawl was still rusted and did not engage with ratchet-Sudden reversal of windlass owing to strain, handle striking down mate-Claim against shipowners and against master - Common employment-Alleged failure by owners to provide windlass in proper condition and fit for use- Whether rusted condition at beginning of voyage constituted unseaworthiness -Further contention by pursuer that master was negligent in that he failed to superintend and inspect the engineers' work; that the master, by reason of a possible future transfer to him of shares in the ship, was in partnership with the shipowners, and that therefore the defenders could not avail themselves of the defence of common employment-Merchant Shipping Act, 1894, Sect. 458 (1).