O'BRIEN v. "GRANFORD" (OWNERS).

[1951] 1 Lloyd's Rep. 414

COURT OF APPEAL.

Before Lord Justice Asquith, Lord Justice Birkett and Mr. Justice Harman.

Docks Regulations, 1934 - Safe means of access - Breach of statutory duty - Ship lying at quay for purpose of coaling - Duty of shipowners - Provision of ladder as means of access from ship to shore - Failure to provide gangway - Whether not reasonably practicable - Onus of proof - Personal injuries sustained by plaintiff coal trimmer - Plaintiff in employ of defendant shipowners - Ship bunkering at quay - Duty of shipowners under Regulation 9 to provide as safe means of access "(a) Where reasonably practicable the ship's accommodation ladder or a gangway or a similar construction . . . (b) In other cases a ladder of sound material and adequate length which shall be properly secured to prevent slipping" - Ladder provided by shipowners - Onus of proving that it was not reasonably practicable to comply with Regulation 9 (a) - Whether sufficient answer to plaintiff's claim that ladder provided was reasonably safe - Contributory negligence.