DALEY v. R. & H. GREEN AND SILLEY WEIR, LTD.

[1951] 1 Lloyd's Rep. 64

KING'S BENCH DIVISION.

Before Mr. Justice Pritchard.

Negligence-Means of access-System of working-Repairs to ship-Personal injuries sustained by plaintiff boilermaker employed by defendant ship-repairers - Plaintiff working in cofferdam, 3 ft. 6 in. deep and 2 ft. 6 in. wide, between ship's tanks-Attempt to leave cofferdam by standing on tin box -Fall-Injury to back-Claim by plaintiff alleging breach by defendants of their common law duty-Contentions that lighting was inadequate; that a ladder should have been provided for entering and leaving cofferdam; and that planks should have been provided to form a firm foothold on top of the tanks - Denial by defendants that ladder was a necessity, with a further plea that intercostals provided a safe means of access-Dispute as to existence of intercostals - Proof of personal injuries sustained by plaintiff - Medical evidence as to malingering.