HOSKING v. DE HAVILLAND AIRCRAFT COMPANY, LTD., AND GEE, WALKER & SLATER, LTD.

(1949) 83 Ll.L.Rep. 11

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Factory-Safe means of access-"Gangway" - Faulty plank provided by independent contractors-Liability of occupier-Indemnity-Personal injuries sustained by plaintiff in employ of first defendants-Second defendants under contract with first defendants to carry out certain building work on premises belonging to first defendants-Trench dug by second defendants in course of such work-Plank, supplied by second defendants, placed across trench for purpose of crossing - Collapse of plank when being crossed by plaintiff - Action brought by plaintiff alleging breach of statutory duty of first defendants and common law negligence of both defendant-Third-party proceedings instituted by first defendants against second defendants - Right of first defendants to indemnity under contract-Factories Act, 1937, Sects. 25, 26, 107 - Law Reform (Married Women and Tortfeasors) Act, 1935, Sect. 6. Contract - Indemnity - Accident to employee - Employers in breach of Factories Act, 1937-Contractors carrying out work on employers' premises- Negligence of contractors-Indemnity clause providing: The contractor shall be solely liable for and shall indemnify the employer in respect of and shall insure against any liability, loss, claim or proceedings whatsoever arising under any statute (other than the Workmen's Compensation and Employers' Liability Acts) or at common law in respect of personal injury to or the death of any person whomsoever arising out of or in the course of or caused by the execution of the works, unless due to any act or neglect of the employer or of any person for whom the employer is responsible.