YORKE v. BRITISH & CONTINENTAL STEAMSHIP COMPANY, LTD.

(1944) 78 Ll.L.Rep. 181

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice du Parcq and Lord Justice Morton.

Negligence-Personal injuries sustained by plaintiff, third officer of defendants' steamship, while making his rounds for examination of cargo-Fall down unlighted and unfenced hold-Ship lying moored in Gibraltar Harbour-Claim brought by plaintiff alleging (1) breach of statutory duty under Docks Regulations, 1934; (2) common law negligence-Defence: that Docks Regulations did not apply; denial of common law negligence; contributory negligence; common employment-Abandonment of defence of common employment at trial.