ROYSTER v. CAVEY.

(1946) 80 Ll.L.Rep. 29

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Bucknill and Lord Justice Somervell.

Negligence-Procedure - Crown - Nominated defendant - Right of action - Personal injuries sustained by plaintiff employed at Royal Ordnance Factory - Fall into unlighted trench on premises-Claim brought in County Court against superintendent of factory, nominated by Treasury Solicitor as defendant, alleging common law negligence and breach of statutory duty under Factories Act, 1937, Sect. 26 (1)-Claim dismissed on ground that no negligence or breach of statutory duty had been proved-Appeal by plaintiff -Evidence that defendant was not occupier of the premises, nor was he under any duty to the plaintiff, but that, in accordance with the practice of Government Departments, the defendant had been nominated as the person against whom the action should be allowed to proceed-Duty of Court in such circumstances.