TIERNEY v. A. J. GUPWELL (TRANSPORT), LTD., AND T. & J. HARRISON.

[1951] 2 Lloyd's Rep. 55

COURT OF APPEAL.

Before Lord Tucker, Lord Justice Singleton and Lord Justice Morris.

Negligence - System of working - Proper equipment - Breach of statutory duty - Appeal from decision of trial Judge - Findings of fact - Personal injuries sustained by plaintiff lorry driver - Lorry wed for transport of iron pipes to Brunswick Dock, Liverpool - Pipes consigned to second defendants (stevedores), who supplied mobile crane for purpose of unloading - Plaintiff and fellow lorry driver engaged in unloading operation - Plaintiff struck by pipe which slipped from snotter at commencement of lift by crane - Action brought by plaintiff against employers (first defendants), alleging that system of unloading was unsafe and that proper equipment was not supplied; against second defendants, alleging that equipment supplied was inadequate and unsafe and that their crane driver was negligent; and against both defendants, alleging that they were in breach of Regulation 41 of the Docks Regulations, 1934 - Appeal by plaintiff against decision of Gorman, J., dismissing claim-Onus of proof.