LATHAM v. ROSS & MARSHALL, LTD., AND ANOTHER.

(1946) 80 Ll.L.Rep. 346

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Somervell and Mr. Justice Roxburgh.

Negligence - Explosion on board ship due to petrol leaking from pump - Engineer killed - Action brought by widow against first defendants (managers of ship) and second defendants (suppliers of pump) - Pump designed for general A.R.P. purposes - Engine, pump and petrol tank, forming one unit, installed below deck - Cause of explosion - Whether ventilation adequate - Board of Trade recommendation that petrol tank should be fitted apart from rest of unit - Discovery of petrol fumes by engineers - Engineers unable to detect leak - Increase in petrol fumes - Engineers unable to enter pump-room to turn off petrol owing to heavy fumes - Explosion, killing engineer and sinking ship - Alleged contributory negligence of engineers in failing to stop engine immediately they discovered petrol fumes - Evidence of satisfactory running tests - Duty of first defendants - Liability of second defendants.