BUTLER v. HOGARTH SHIPPING COMPANY, LTD.

(1946) 80 Ll.L.Rep. 84

KING'S BENCH DIVISION.

Before Mr. Justice Morris.

Negligence - Discharge of ship - Personal injuries sustained by plaintiff stevedore - Alleged defect in ship's winch - Liability of defendant shipowners - Plaintiff, employed by J. & Sons, engaged in discharge of sets of timber from ship into barge alongside - Winchman also in employ of J. & Sons - Set of timber lowered over barge in which plaintiff was working - Inability of winchman to stop winch when proper signal given by foreman stevedore - Plaintiff struck by set - Dispute as to cause of breakdown of winch - Whether due to negligence of winchman - Duty of shipowners to take reasonable care to see that winch was in fit condition to take weight of contemplated loads - Evidence as to previous care of winch by shipowners and as to repairs necessary to be made before winch was able to be operated again - Estimate of damages.