COLFAR v. COGGINS & GRIFFITH (LIVERPOOL), LTD.

(1944) 78 Ll.L.Rep. 177

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Lord Thankerton, Lord Macmillan, Lord Porter and Lord Simonds.

Negligence - System of working - Personal injuries sustained by plaintiff stevedore engaged in loading bags of salt by derrick from barge to steamer-Method involving use of "married gear," which required one derrick arm to be fixed in an outward position by means of guy rope, thus preventing the arm from swinging inwards -Barge ordered to move from alongside to permit passage of another steamer- Remaining bags lifted in sling and put on deck until stevedores ready to receive them in hold-Guy rope released-Loading into hold resumed-Guy rope unsecured, derrick arm swinging inwards and dragging sling against coamings-Fall of bags from sling into hold, injuring plaintiff - Claim against employers - Alleged defective system of working-Evidence that sling was loaded with an abnormal number of bags-Negligence of fellow-employees -Common employment.