CHATBURN v. MANCHESTER DRY DOCK COMPANY, LTD.
(1949) 83 Ll.L.Rep. 1
COURT OF APPEAL.
Before Lord Justice Somervell, Lord Justice Singleton and Lord Justice Jenkins.
Negligence-Breach of statutory duty- Alternative common law claim- "Factory"-"Precincts"-Personal injures sustained by apprentice fitter's mate (aninfant) employed by defendants (ship-repairers) - Apprentice engaged in dismantling water supply pipes on board trawler - Pipes corroded - Necessity to split nuts with cold chisel -Damage to eye by splinter-Action brought by next friend-Defendants' premises (which included fitting shops and offices and dry dock) bounded on one side by Manchester Ship Canal- Trawler lying afloat at defendants' jetty on canal-Whether trawler within "precincts" of "factory" within meaning of Factories Act, 1937-Regulations made under Act requiring supply of goggles (admittedly not supplied).
151. The expression "factory" also includes the following premises in which persons are employed in manual labour, that is to say:-
(i) any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up . . .
Factories Act, 1937, Sects. 49, 151 - Protection of Eyes Regulations, 1938.
Workmen's compensation - Alternative remedy-Failure of common law claim -Costs-Action brought on behalf of infant plaintiff by next friend-Next friend nominally responsible for costs -Right of Court to deduct costs from compensation award.