MAIDMENT v. GEORGE COHEN, SONS & CO., LTD.

(1938) 60 Ll L Rep 245

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice MacKinnon and Mr. Justice Bennett.

Negligence - Contributory negligence - Independent contractor-Common employment -Personal injuries sustained by plaintiff while assisting in operation of lowering launch from defendants' steamship Reclaimer-Reclaimer bought by defendants for breaking up and resale of material-Plaintiff, independent contractor, employed by defendants to remove pump from below deck-Necessity first to remove launch from deck and lower it overside-Use of winch operated by hand-Voluntary assistance by plaintiff-Plaintiff struck by winch handle and seriously injured -Dispute as to person in charge of operations - Questions to jury and answers: "(1) Was plaintiff in charge of operation of putting launch into water? No. (2) Was H [defendants' employee] in charge on defendants' behalf? Yes. (3) as accident caused by any act or default or direction given by H? Yes. (4) Was winch in reasonably fit condition for job? Yes. (5) Was plaintiff guilty of contributory negligence? No"-Damages: £5000- Appeal by defendants - Contentions that there was no evidence on which the jury could find that H was in charge, or, assuming he was in charge, that it was within the scope of his duties to

take charge; that there was no evidence that H was negligent; that the accident was in part due to the plaintiff's contributory negligence; and that the doctrine of common employment applied.