WATERS v. AMPLEFORTH STEAMSHIP COMPANY, LTD.

(1941) 69 Ll L Rep 20

KING'S BENCH DIVISION.

Before Mr. Justice Oliver.

Negligence-Personal injuries sustained by plaintiff stevedore engaged in unloading defendants' steamship Ampleforth in River Thames-Winch operated by fellow stevedore to move thwartship beam-Drum released during course of operation, causing beam to swing across vessel out of control, injuring plaintiff -Cause of accident-Whether due to faulty condition of winch - Case pleaded by plaintiff that pins in clutch lever were not properly in place -Preparation of defence on that basis -Case presented to Court that clutch was defective-Application by plaintiff to amend statement of claim - Vessel since lost at sea, with her repair records -Death of ship's engineer-No opportunity for defendants to make further investigation-Onus of proof.