FLAHERTY v. SMITH COGGINS, LTD.

[1951] 2 Lloyd's Rep. 397

COURT OF APPEAL.

Before Lord Justice Singleton, Lord Justice Birkett and Mr. Justice Roxburgh.

Negligence - Onus of proof - Accident - Possible cause-Reasonable inference- Probabilities - Personal injuries sustained by plaintiff dock labourer, in defendants' employ, while loading ship in Liverpool dock-Plaintiff and three fellow workmen engaged in shifting heavy wooden cases into wings of hold -Use of hooks to roll over cases-Fall of case on to plaintiff's foot - Admission by plaintiff that hooks might slip without negligence-Finding of learned Judge in plaintiff's favour that the slipping of the hooks was the most likely explanation of the accident; and that accident occurred owing to negligent failure by plaintiff's fellow workmen properly to insert their hooks -Appeal by defendants.