PORTER v. PORT OF LIVERPOOL STEVEDORING COMPANY, LTD.

(1944) 78 Ll.L.Rep. 12

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Luxmoore and Lord Justice Lawrence.

Negligence-Breach of statutory duty-Safe system of working-Damages-Plaintiff dock labourer (in employ of defendant stevedores) engaged in discharge of ship- Discharge of bacon (in slings) from refrigerator chambers - Necessity for slings to be dragged to position under open hatch, causing chafing of rope fall- Use of wire leg spliced to rope fall- Customary method-Watch kept by hatch boss on join-Fresh splice made whenever necessary-Discharge from refrigerator chambers completed, further operations requiring straight lift-No change made in contrivance-Plaintiff injured by loaded sling falling on him through rope strands in splice giving way-Whether accident due to failure of fellow workman (hatch boss) to carry out system properly.