BURKEY v. MERSEY DOCKS AND HARBOUR BOARD.

(1945) 79 Ll.L.Rep. 12

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice du Parcq and Lord Justice Morton.

Master and servant-Transference of employment -Respondeat superior-Negligence -Personal injuries sustained by plaintiff dock labourer-Unloading of iron girders from ship to bogie on quayside by means of ship's derrick and from bogie to railway wagon by mobile crane - Plaintiff (employee of stevedoring company) in railway wagon-Mobile crane hired by stevedoring company from defendant dock board on terms that hirers "must supply all necessary slings, chains, and labour for preparing the article to be lifted, and for unshackling the same. They must also take all risks in connection with the matter. The Board do not provide any labour in connection with the cranes except the services of the crane drivers for power cranes. The drivers so provided shall be the servants of the [hirers]"- Failure by crane driver, in spite of warning that sling was too long, to swing girder over railway wagon, girder coming to rest on side of wagon-Plaintiff requested by crane driver to help free girder by pushing -Fall of girder into bottom of wagon, plaintiff being injured-Claim brought by plaintiff against dock board-Evidence as to crane driver's negligence-Error of judgment - Alleged contributory negligence of plaintiff-Whether crane driver at time of accident acting as servant of dock board.