WM. DOXFORD & SONS, LTD. v. FURNESS SHIPBUILDING COMPANY, LTD.

(1937) 59 L1.L.Rep. 58

COURT OF APPEAL.

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

Workmen's compensation - Indemnity - Right of employer to claim against third party - Services of appellants' workman (P) temporarily lent on hire to respondents-Hammer let fall by P, injuring H (also employed by appellants)-Compensation paid by appellants to H-Right of appellants to be indemnified by respondents-Workmen's Compensation Act, 1925, Sect. 5 (1): ". . . where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person" - Effect upon employer's right to indemnity under Sect. 30 - Finding of learned County Court Judge that appellants were not entitled to an indemnity on the ground that Sect. 5 established that P was the servant of appellants.