GRANT v. SUN SHIPPING COMPANY, LTD., AND ANOTHER.

(1946) 80 Ll.L.Rep. 45

COURT OF SESSION.

Before Lord Cooper (Lord Justice-Clerk), Lord Mackay, Lord Jamieson and Lord Stevenson.

Negligence - Contributory negligence - Breach of statutory duty - Covering of hatches - lighting - Personal injuries sustained by pursuer (dock labourer) working on 'tween deck of first defenders' ship - Second defenders' (ship-repairers') men working in lower holds - Number of 'tween deck hatch covers removed to enable repair work to be carried out - Upper deck hatch covers on, necessitating use of artificial light supplied by three clusters - Break for lunch by pursuer and his mates, second defenders' men remaining at their work - 'Tween decks found in darkness by pursuer and his mates upon their return, second defenders' men having by their finished their work - Cluster of lights detected face down on other side of hold - Attempt by pursuer to reach lights by proceeding direct across hatch - Hatch uncovered - Fall down hold - Claim brought by pursuer against defenders alleging common law negligence and breach of statutory duty under Docks Regulations, 1934 - Defenders' plea of contributory negligence - Decision of learned Lord Ordinary that the act of the pursuer in making direct for the lights was an "involuntary" or "incautious" movement, which was insufficient to establish contributory negligence on his part, and that the first defenders were alone to blame for their breach of statutory duty as regards lighting and hatch covers - Regulations 12, 37 (a) - Appeal by first defenders.