DOCK SERVICES, LTD. v. CALEDONIA STEVEDORING COMPANY, LTD.

(1948) 82 Ll.L.Rep. 179

KING'S BENCH DIVISION.

Before Mr. Justice Streatfeild.

Contract - Indemnity - Hiring-Personal injuries claim-Mobile truck hired by plaintiffs to defendants (plaintiffs' agents) - Driver supplied by plaintiffs - Truck driven by man recently engaged and trained by plaintiffs-D. (employed by defendants as cargo checker) run down and injured-Settlement of action brought by D. against plaintiffs-Right of plaintiffs to indemnity by defendants-Conditions of hire (set out on plaintiffs' hire form) that hirer should be liable for all loss or damage, however caused, by or in connection with the use of the truck, to (inter alia) the hirer's own employees or property - Hiring to defendants without form being signed - Implied term that driver supplied with truck should be competent - Dispute as to cause of accident-Whether due to incompetence of driver or to his negligence - Onus of proof - Evidence of driver's engagement and of his training.