AKAST v. ARGO REEDEREI RICHARD ADLER COMPANY.

[1951] 2 Lloyd's Rep. 549

KING'S BENCH DIVISION.

Before Mr. Justice Donovan.

Negligence-Means of access on board ship -"Unusual danger" - Duty of occupiers-Obligation towards invitee- Duty of invitee to take reasonable care for his own safety-Breach of statutory duty under Docks Regulations, 1934, Regulation 9-Shipowners required to provide "safe means of access for the use of persons employed at such times as they have to pass from the ship to the shore" and vice versa-Extent of such obligation- Plaintiff, foreman stevedore, engaged in loading rubber tyres into forward hold of defendants' vessel-Vessel berthed at angle, with starboard quarter close to quay - Ladder from after end of vessel to quay safely used several times during day by plaintiff as means of access to and from the vessel- Attempt by plaintiff, on leaving ship at end of day, to reach ladder by clambering from top of rubber tyres to bridge deck and then to boat deck on starboard side of vessel-Collapse of handhold- Fall-Claim by plaintiff for personal injuries, alleging common law negligence and/or breach of Docks Regulations by defendants in failing to provide safe means of access-Evidence that at time of accident ladder was no longer in position-Plaintiff aware of risk in making his way along starboard side - Evidence that port side would have provided a safe, though longer, route.