MOODIE v. FURNESS SHIPBUILDING COMPANY, LTD.

[1951] 2 Lloyd's Rep. 600

COURT OF APPEAL.

Before Lord Justice Singleton, Lord Justice Denning and Lord Justice Morris.

Shipbuilding Regulations, 1931 - Safe means of access - Absolute duty of occupiers-Fatal accident in boiler-room of ship under construction in defendants' shipbuilding yard - Stagings erected at various levels for work being carried out by tradesmen- Top staging, also used as means of access to deck, reached by means of ladder from floor-Ladder mounted by electrician (M.) in order to reach deck - Evidence that headroom on top staging was such that it necessitated stooping to negotiate the exit; that that headroom had recently been further restricted by the fitting of brackets to the wall; and that M. struck his head on stepping on to the top staging, fell to floor 40 ft. below, and was killed- Claim by widow alleging negligence and/or breach of Shipbuilding Regulations by defendants in that they failed to provide safe means of access. Regulation 1: Safe means of access shall be provided to all parts of the ship to which persons employed may be required to proceed in the course of their employment.

Appeal by widow against decision of Jones, J., dismissing claim-Duty of shipbuilders under Regulations - Factories Act, 1937, Sect. 26 (1).