SPEED v. THOMAS SWIFT & CO., LTD.

(1943) 75 Ll L Rep 113

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice MacKinnon and Lord Justice Goddard.

Negligence-System of working-Loading of ship-Common employment-Accident to plaintiff dock labourer employed by defendant stevedores engaged in loading cargo from barge into steamship-Plaintiff working in barge-Hoisting of cargo by ship's derricks-Use of married gear- Hook caught in part of ship's rail, lifting it from its sockets and disturbing dunnage piled on deck nearby-Plaintiff injured by fall of rail and dunnage into barge- Evidence that part of ship's rail in question was unattached to nest section of rail-Whether defendants had provided safe system of working-Casual negligence of fellow employee-Particular circumstances of case.