SWIFT v. REARDON SMITH LINE, LTD., AND JOSEPH RANK, LTD.

(1949) 83 Ll.L.Rep. 402

LIVERPOOL ASSIZES.

Before Mr. Justice Cassels.

Negligence - Breach of statutory duty - Faulty derrick-Defective span wire- Duty of inspection-Common law negligence -Fatal accident to dock labourer employed by stevedores (second defendants) engaged in unloading grain from first defendants' steamship in dock at Birkenhead-Dismantling of partition in feeder box-Use of derrick to remove stiffener-Snapping of span wire when power applied-Collapse of derrick-Action brought by widow against shipowners and against stevedores -Right of stevedores to indemnity -Cause of break in span wire-Evidence of recent statutory inspection and surveying of ship's gear by engineering firm, and of condition of span wire at time of accident-Whether break due to improper jerking of wire by stevedores' winchman - Liability under Docks Regulations, 1934-Regulations 18 (b), 20 (a), 49.