DAVEY v. BARRY SHIPPING COMPANY, LTD.

(1939) 64 Ll L Rep 110

KING'S BENCH DIVISION.

Before Mr. Justice Tucker.

Docks Regulations, 1934-Breach of statutory duty-Personal injuries sustained by plaintiff stevedore engaged in discharging cargo from defendants' steamship -Fall of boom of derrick owing to breaking of link in chain attached to topping lift-"19 (b) All chains, other than bridle chains attached to derricks or masts, and all rings, hooks, shackles and swivels used in hoisting or lowering shall, unless they have been subjected to such other treatment as may be prescribed, be effectually annealed under the supervision of a competent person and at the following intervals . . . (c) All chains, other than bridle chains attached to derricks or masts, and all rings, hooks, shackles, swivels and pulley blocks shall be inspected by a competent person immediately before each occasion on which they are used in hoisting or lowering, unless they have been inspected within the preceding three months"-Whether preventer wires should have been provided for such gear-Expert evidence upon the cause of break in chain-Plaintiff's contention that the break was due to brittleness, coupled with crack; defendants' contention that it was due to flaw-Whether defendants had complied with statutory duty of inspection; and, if so, whether it was negligently performed.