CLARK v. STEPHENS, SUTTON, LTD.

(1937) 59 L1.L.Rep. 52

COURT OF APPEAL.

Before Sir Wilfrid Greene (Master of the Rolls), Lord Justice Romer and Lord Justice MacKinnon.

Workmen's compensation-Accident arising out of and in the course of the workman's employment-Sphere of employment - Respondent coal trimmer employed by appellants on board their steamship Rothley at Barry Dock - Respondent injured through tripping over wire hawser stretching across road providing egress from docks-Evidence that docks were the private property of the Great Western Railway Company, but that the road in question was regularly used both by workers in the docks and by members of the general public-Finding of learned County Court Judge that the respondent was entitled to recover by reason of the fact that the dock premises were private property, and that his right was not affected by reason of the user of the road by the general public-Whether a distinction should be drawn between a case where the public use a road as mere licensees and a case where they use it by virtue of a public right of way.