WILLIAMSON v. JOHN I. THORNYCROFT & CO., LTD., AND ANOTHER.

(1940) 67 Ll.L.Rep. 322

KING'S BENCH DIVISION.

Before Mr. Justice Singleton.

Negligence-Shipbuilders-Construction of motor vessel-Danger from exhaust gases-Vessel constructed by defendants to orders of Admiralty-W. (naval officer) on board during trials-Death of W. through carbon monoxide poisoning -Claim by personal representatives -Penetration of exhaust gases (containing large proportion of carbon monoxide) into wardroom and lavatory -Lavatory waste pipe (with no "S" bend) and exhaust pipes in close proximity-Whether indicating negligence in design-Evidence of tests subsequently made to ascertain carbon monoxide concentrations-Duty of shipbuilders towards occupants of vessel- Invitees-Onus of proof of negligence - Measure of damages - Pension granted by Admiralty, reviewable at their discretion if compensation was received "from or on behalf of a third party for the act, omission or circumstances which caused the death."