PEARCE v. ARMITAGE.

(1949) 83 Ll.L.Rep. 361

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Singleton and Lord Justice Denning.

Master and servant-Safe plant and appliances-Defect arising during use -Injury to servant - Liability of master-Personal injuries sustained by plaintiff dock labourer during discharge of ship overside into craft- Plaintiff employed by defendant cargo superintendent acting for receivers- Phosphate cargo loaded by stevedores into baskets and raised by ship's derrick on to staging on deck-Baskets then weighed and contents tipped down chute by plaintiff-Weight of full basket borne by rope "safety band" fitted near top of chute-Allegation made by plaintiff that his arm was strained by reason of absence of "safety band"-Evidence as to provision of "safety band"-Obligation of defendant to maintain-Failure by plaintiff to report or remedy defect- Claim dismissed by Mr. Commissioner Clark on ground that absence of "safety band" was a matter of which defendant could not be presumed to have been aware and an omission which he could not reasonably be expected to guard against.