KAVANAGH v. LONDON GRAVING DOCK COMPANY, LTD.

(1942) 74 Ll.L.Rep. 18

KING'S BENCH DIVISION.

Before Mr. Justice Hilbery.

Negligence - Ship repairers - Personal injuries sustained by plaintiff engaged in scaling ship's boiler - Escape of steam - Plaintiff's employers under sub-contract with defendant ship repairers to carry out scaling work - Liability of ship repairers - R. and C. boilers "in line" - R. boiler inside, C. boiler outside, ship's engine-room - R. boiler in use for discharge of cargo - Plaintiff working on C. boiler - Sudden escape of steam from scum valve of C. boiler - Plaintiff's contention that defendant ship repairers were under a duty (further, that there was an invariable practice) to insert blank flange in steam pipe from R. boiler which was under steam, before work on C. boiler was commenced - Evidence that defendants made inquiry from ship's engineers before permitting scaling work to be commenced, and that ship's engineers were well aware of danger to workmen if steam was allowed to pass from the R. boiler to the C. boiler - Closing of valve of R. boiler effective to prevent passage of steam.