O'FLAHERTY v. SHAW, SAVILL & ALBION COMPANY, LTD., AND REA, LTD.

(1944) 78 Ll.L.Rep. 435

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Lawrence and Mr. Justice Uthwatt.

Negligence-Occupier of ship-Trap-Breach of statutory duty-Applicability of Regulations - Lighting - Hatches - Fatal accident to rigger employed by M. I. Co. -M. I. Co. engaged to do certain work on board first defendants' ship after discharge of cargo-Cargo discharged by second defendants, who were also engaged to coal ship-Deceased man sent down by his own foreman to collect tools in tunnel pocket-Tunnel pocket unlighted and uncovered -Fall-Claim brought by administratrix against defendants for breach of common law duty and for breach of Docks Regulations, 1934-Liability under regulations -Evidence that second defendants had completed discharging and that the accident occurred before coaling commenced -Carrying on the "processes"- Meaning of "efficiently lighted"- "Hatch" - Contributory negligence - Docks Regulations, 1934, Regulations 12, 37.