HOBSON v. BARTRAM & SONS, LTD.

(1949) 83 Ll.L.Rep. 313

COURT OF APPEAL.

Before Lord Justice Tucker, Lord Justice Asquith and Mr. Justice Roxburgh.

Shipbuilders - Trial trip - Negligence - Unfenced hatch - Fall into hold - Liability of shipbuilders-Ship in charge of shipbuilders' manager during trials-Ship being worked by shipbuilders' employees-Employees of sub-contractors on board to complete refrigerating engineering work-Representatives of purchasers also on board to observe performance of ship - Plaintiff, employed by sub-contractors, working in 'tween decks-Independent inspection of holds made by purchasers' representatives, without knowledge or authority of shipbuilders' manager - Guard rail and light removed during plaintiff's temporary absence - Fall into hold on return-Claim brought against shipbuilders - Relationship between defendants and purchasers' representatives-Admitted negligence of purchasers' representatives-Whether purchasers' representatives were in the particular circumstances agents of defendants-Common interest.