WOODS v. W. H. RHODES & SON, LTD., AND ANOTHER.

[1953] 2 Lloyd's Rep. 71

COURT OF APPEAL.

Before Lord Goddard (Lord Chief Justice), Lord Justice Birkett and Lord Justice Hodson.

Docks Regulations, 1934 - Safe premiss - Approaches to and from working place - Maintenance-Unsafe stowage of "save-all" in dock shed-Potential danger to persons employed-Fatal injuries to dock labourer- Liability (1) of employers; and (2) of dock board as having "general management and control" of dock area-Duties-Regulation 1 -Contributory negligence - Volenti non fit injuria. Practice-Appeal-Ground of appeal-Issue of writ alleging negligence and/or breach of statutory duty-No allegation of negligence made in statement of claim or at hearing - Judgment confined to issue of breach of statutory duty - No right to rake issue of negligence on appeal. Practice - Appeal - Indemnity - Judgment entered for plaintiff against first and second defendants - Order of Court that second defendants should indemnify first defendants -Notice of appal by second defendants confined to issue of liability-Appeal allowed -Order of indemnify thereby nullified.