DEW v. UNITED BRITISH STEAMSHIP COMPANY, LTD.

(1928) 31 Ll L Rep 121

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Sankey.

Workmen's Compensation-Personal injury to coal trimmer-Common law claim- Fall into hold-Shipowner's failure to fence hatch-Statutory breach-Continuing negligence-Finding of jury that effective causes of accident were (1) failure to fence; (2) negligence in leaving hatch uncovered in absence of fencing; (3) negligence of plaintiff- Learned Judge's request to jury to reconsider finding-Further finding that failure to fence was real effective cause-Misdirection-Practice-Right of Judge to re-direct jury who have found facts sufficient to justify Judge in giving judgment-Original finding a finding of contributory negligence-Factory and Workshop Regulations-S.R. & O., 1925, No. 231, Regulation 34 (a)-Judgment for shipowners.