T. F. MALTBY, LTD. v. PELTON STEAMSHIP COMPANY, LTD.
[1951] 2 Lloyd's Rep. 332
KING'S BENCH DIVISION.
Before Mr. Justice Devlin.
Contract-Indemnity-Stevedores-Claims relating to personal injuries - Stevedores to take "reasonable precautions to prevent accidents" and not to use "improper or inadequate gear"-Discharge of defendants' ship by plaintiff stevedores - "Tripping line" rigged by foreman stevedore - Block and pulley (part of apparatus) fixed to lampholder-Foreman warned by chief officer that lampholder was unsuitable for purpose-Collapse of lampholder, block falling and injuring employee of plaintiffs - Liability for personal injuries claim admitted by plaintiffs- Settlement of claim-Right of plaintiffs to indemnity by shipowners - Agreement by shipowners to indemnify plaintiffs
in respect of all claims relating to personal injury by accident to your employees . . . arising out of and in the course of the work of discharging the said vessel by ship's or stevedore's gear . . . it being stipulated and agreed that you shall take reasonable precautions to prevent accidents and to comply with all statutory requirements, also have your gear regularly and properly tested and not use improper or inadequate gear.
Use of "improper or inadequate gear" - Meaning of "gear" - Distinction between use by employers in business sense and use by employee in physical sense.