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Lloyd's Law Reports

BEAUMONT-THOMAS v. BLUE STAR LINE, LTD.

(1939) 64 Ll L Rep 159

COURT OF APPEAL.

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

Negligence-Personal injuries-Steamship passenger-Fall while on board ship alleged to be due to wet, dangerous and slippery condition of surface of alleyway after washing by member of crew-Permanent injuries sustained - Claim against shipowners - Jury's award of £6000-Ticket conditions: "8. Passengers take upon themselves all risk whatsoever of the passage to themselves their baggage and effects including risks of embarking and disembarking and whether by boat or otherwise. 9. Without restricting the generality of Condition No. 8 neither the company, the master nor its agents shall be held liable for loss, damage, injury . . . arising or resulting directly or indirectly from any act, neglect or default of pilot, master, officers, mariners . . . in the navigation or management of the ship or from the act of God, collision, stranding . . . riots and civil commotion . . . strikes . . . restraint of princes . . . perils of the sea . . . unseaworthiness or unfitness of the ship or her machinery . . . fire, steam or electricity . . . unlighted or unguarded ladders, doors, gangways or openings through any deck or the side of the steamer . . . or from any other cause whatsoever" - Whether shipowners protected by conditions-Construction of clause excepting liability-Appeal by shipowners against judgment of Lord Hewart, C.J., in favour of passenger-Whether any evidence of negligence to be left to jury.

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