FAWCETT v. SMITH'S DOCK COMPANY, LTD.

[1951] 2 Lloyd's Rep. 299

COURT OF APPEAL.

Before Lord Justice Cohen, Lord Justice Singleton and Lord Justice Birkett.

Factories Act, 1937-Safe means of access- Floor of workshop - Maintenance - Obstruction of floor of plumbers' shop by pipes-Personal injuries sustained by plaintiff plumber's mate, employed in defendants' plumbers' shop-Plaintiff, in course of employment, required to go to piece office in ship-Alternative means of access-Short route obstructed by welder at work-Longer route taken by plaintiff-Many pipes lying on floor of that part of shop-Fall while stepping over pipes-Evidence as to condition of floor-Claim dismissed by Stable, J., on ground that floor was properly maintained; that there was a safe means of access; and that accident was due to plaintiff's own negligence - Appeal by plaintiff - Whether learned Judge had come to a wrong decision in law in that it was to be inferred from his judgment that he had found that, although the means of access was obstructed, it was a complete answer to plaintiff's claim that he was aware of such obstruction- Sects. 25 (1), 26 (1).