DOOLEY v. CAMMELL LAIRD & CO., LTD., AND MERSEY INSULATION COMPANY, LTD.

[1951] 1 Lloyd's Rep. 271

LIVERPOOL ASSIZES.

Before Mr. Justice Donovan.

Negligence-Joint tortfeasors-Breach of Shipbuilding Regulations, 1931, by occupiers of yard-Common law negligence of sub-contractors-Contribution - Remoteness of damage - Nervous shock - Ship being fitted out in first defendants' shipbuilding yard-Insulation work on board being carried out by second defendants - Plaintiff crane driver in employ of first defendants- Crane and driver (plaintiff) loaned by first defendants to second defendants- Defect in sling supplied by second defendants, resulting in slingload of repairing materials being precipitated into ship's hold in which men were working-No physical injuries in fact caused to workmen by fall and no risk of physical impact upon plaintiff- Claim brought by plaintiff in respect of nervous shock thereby sustained- Alleged failure by first defendants to take "Precautions against injury from falling materials" as required by Shipbuilding Regulations - Regulations re-enacted by Factories Act, 1937- "Risk of bodily injury to persons employed"-Duty of second defendants towards plaintiff-Extent of duty of care - Foreseeable danger - Bodily injury to persons not actually within risk of physical impact - Measure of damages - Third-party indemnity proceedings brought by first defendants against second defendants-Right of first defendants to contribution-Shipbuilding Regulations, 1931, Regulations 33, 36-Law Reform (Married Women and Tortfeasors) Act, 1935, Sect. 6- Factories Act, 1937, Sect. 60.