HIRD v. REA, LTD.

(1939) 63 Ll L Rep 261

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice Goddard.

Negligence-Breach of statutory duty- Unloading of planks-Planks stowed in steamship's hold-Dock labourer in employ of defendants (stevedores) to unload vessel-Timber unloaded by means of sling-Dock labourer killed by slipping of planks from sling -Claim by dependant of deceased dock labourer for damages (1) at common law (2) arising out of the defendants' breach of statutory duty in that they had failed to comply with Regulation 32 of the Docks Regulations 1934, providing: "Precautions shall be taken to facilitate the escape of the workers when employed in a hold or on 'tween decks in dealing with coal or other bulk cargo"-Action tried before Judge and jury-Questions for jury: "(1) Was the system of unloading by the use of a snotter or single rope sling a reasonably safe system? A.: Yes. (2) Was the accident to the deceased man caused by the negligence of one or some of certain persons the deceased himself, the person who was assisting him and the winchman? A.: No. (3) Were precautions taken by the defendants to facilitate the escape of the workers when employed in the portion of the hold where the deceased man was working? A.: No" - Claim dismissed - Whether "other bulk cargo" included timber-Duty of employers to employ safe system of unloading.