HARTWELL v. GRAYSON, ROLLO & CLOVER DOCKS, LTD., AND OTHERS.

(1946) 80 Ll.L.Rep. 381

COURT OF APPEAL.

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

Negligence - Shipbuilding Regulations, 1931 - Notional occupier - Invitor - Personal injuries sustained by plaintiff (employed by P.) while on board - Ship under repair in dry dock belonging to Mersey Docks and Harbour Board - G.R. under contract with Ministry of War Transport to convert cargo-carrying vessel into troopship - P. sub-contractors to G.R. - B. under contract with shipowners to carry out electrical repairs and repairs to propeller - C. under contract with M.W.T. to supply ballast - Plaintiff instructed to proceed to lower 'tween deck, where G.R. were engaged, to assist them in lowering of timber into hold below - Fall down unlighted and unfenced booby hatch - Claim brought against G.R., B., shipowners and C., alleging common law negligence and breach of statutory duty under Shipbuilding Regulations - Action dismissed by Stable, J., on ground that no common law negligence had been found against any of the defendants and that the occupier under the Shipbuilding Regulations was the Mersey Docks and Harbour Board - Appeal by plaintiff - Contentions on appeal that G.R. were liable at common law; that B. were liable as notional occupiers under shipbuilding Regulations; that shipowners were liable both at common law and under Shipbuilding Regulations - Whether B. notional occupiers of shipbuilding yard - "When a ship is being repaired in public dry dock, the person who contracts with the owner of the ship or with his agent to execute the work of repair, shall be deemed to be the occupier" - G.R. in physical occupation of 'tween deck at time of accident - Meaning of "work of repair" - Shipbuilding Regulations, Duties, pars. (b), (c), Regulations, 1, 10, 42.