Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

BERRY v. JOHN DEHEER, LTD.

(1943) 75 Ll.L.Rep. 5

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice Goddard.

Workmen's compensation-Seaman-Accident arising out of and in the course of employment - Return to ship moored against quay-Black-out-No gangway- Direct access by stepping from quay to ship - Evidence that seaman turned towards bows for unknown purpose, possibly to inspect moorings-Fall into water, seaman being drowned-Claim by widow-Finding by learned County Court Judge that accident arose out of and in the course of employment - Appeal by shipowners-Whether evidence sufficient to justify finding - Tests to be applied.

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