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

[1951] 2 Lloyd's Rep. 194

KING'S BENCH DIVISION.

Before Mr. Justice Slade.

Negligence-Safe plant and appliances- System of working-Failure to warn- Contributory negligence - Personal injuries sustained by plaintiff, a plater's helper, employed by defendant ship-repairers-Defendants engaged in repair to steamship in London wet dock -Plaintiff assisting in replacement of plating in ship's side-Use of ship's winch to lower plates into position- Plate caught up, lifting wire being close to taffrail-Attempt made by plaintiff to release plate by grasping wire-Plate suddenly released, causing wire to tighten and resulting in crushing of plaintiff's hand between wire and taffrail - Plea by plaintiff that defendants were negligent in that the proper plant to use was a block and tackle; in that defendants failed to warn plaintiff that it was dangerous for him to stand where he was; and in that defendants had failed to provide a safe system of working - Onus of proof.