DOWD v. W. H. BOASE & CO., LTD., AND REA, LTD. McFARLANE v. COGGINS & GRIFFITH (LIVERPOOL), LTD., AND THE MERSEY DOCKS AND HARBOUR BOARD.

(1944) 78 Ll.L.Rep. 383

COURT OF APPEAL.

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

Master and servant-Vehicle and servant lent on hire-Negligence of servant-Liability of hirers-Respondeat superior. (1) Claim by plaintiff dock labourer against B. Ltd. and R. Ltd.-Plaintiff, employed by R. Ltd., engaged in loading frozen meat from bogie truck to lorry at Gladstone Dock, Liverpool-Bogie truck (with driver) hired by R. Ltd. from B. Ltd.-Negligence of driver, resulting in personal injury to plaintiff -Whether driver the servant of the hirers for the particular purpose- Evidence of control by hirers-Onus of proof-Decision of Stable, J., that the driver was temporarily the servant of the hirers and therefore in common employment with the plaintiff, whose claim for damages accordingly failed- Appeal by plaintiff. (2) Claim by plaintiff checker against C. & G. (stevedores) and Dock Board -Plaintiff employed by D. & Co. in checking loading of cargo on board ship at North Sandon Dock, Liverpool- Mobile crane hired by C. & G. from Dock Board-Negligence of crane driver, resulting in personal injury to the plaintiff-Whether crane driver temporarily the servant of hirers-Effect of Dock Board Regulations providing that "the Board do not provide any labour in connection with the cranes except the services of the crane drivers for power cranes. The drivers go provided shall be the servants of the applicants"- Admission by hirers that crane driver was acting under their "immediate directions" - Decision of Croom-Johnson, J., that the crane driver was still employed by the Dock Board at the time of the accident, and that they were therefore liable to the plaintiff-Appeal by Dock Board.