MURPHY v. FREE TRADE WHARF COMPANY, LTD., AND ELLERMAN'S WILSON LINE, LTD.

(1946) 80 Ll.L.Rep. 198

KING'S BENCH DIVISION.

Before Mr. Justice Macnaghten.

Negligence - Breach of statutory duty - Docks Regulations, 1934 - Fencing at edge of wharf - Duty to maintain - Gangway to ship - Safe means of access - Claim by plaintiff dock labourer for damages for personal injuries - Plaintiff leaving ship by ship's gangway in broad daylight - Ship's deck below level of wharf at low tide - End of gangway above level of wharf - Attempt by plaintiff to step on to wharf through gangway ropes - Fall into dock - Action brought against employers (wharfowners) and against shipowners - Alleged failure by wharfowners to fence edge of wharf; of shipowners to provide safe means of access - Part of fencing at edge of wharf removed to enable gangway to be placed in position - Purpose of fencing - Duty of shipowners to fence gangway "by means of upper and lower rails, taut ropes and chains . . ." - Meaning of "taut ropes" - Duty of "person employed" to "use the means of access" - Docks Regulations, 1934, Regulations 1, 9, 47.