COOKSEY v. BUTLER'S WHARF, LTD.

(1949) 83 Ll.L.Rep. 73

KING'S BENCH DIVISION.

Before Mr. Justice Cassels.

Negligence-System of working-Safe plant and appliances-Common employment - Contributory negligence - Fatal accident to hatchwayman while engaged in loading of ship-Claim by widow against employers (wharfingers) -Deceased one of gang employed in loading bales of wool into steamship Mallard from barge alongside at defendants' wharf-Hooks attached to bales by others of gang working in barge, bales then being lifted by crane into hold of ship-Fall of bale during lift, striking deceased-Plaintiff's claim that defendants had provided defective plant (in that hooks were inadequate) and/or had failed to adopt a safe system of working (in that at the time of the accident three instead of four men were engaged in hooking the bales in the barge)-Denial of negligence by defendants-Further defences of common employment and contributory negligence.