Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

KININMONTH v. WILLIAM FRANCE, FENWICK & CO., LTD., AND THE RAILWAY EXECUTIVE.

(1948) 82 Ll.L.Rep. 768

KING'S BENCH DIVISION.

Before Mr. Justice Hilbery.

Docks Regulations, 1934-Breach of statutory duty-Common law negligence- Safe system of working-Invitee or licensee - Personal injuries sustained by plaintiff radio officer on returning to ship moored at loading jetty in Fowey Harbour-Decision of master to use iron ladder fixed to end of jetty as means of access between ship and shore- Jetty and rungs of ladder slippery with china clay-Fall from ladder-Action brought against ship's managers (first defendants) and against dockowners (second defendants) alleging breach of statutory duty and/or common law negligence-Respective duties of first and second defendants-Plaintiff aware of slippery conditions - Regulations 1, 9.

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