RUDD v. ELDER DEMPSTER & CO., LTD.

(1932) 44 Ll.L.Rep. 356

COURT OF APPEAL.

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

Workmen's compensation - Breach of statutory regulations-Injury to dock labourer engaged in loading vessel- Common law claim against shipowners -Breaking of winch rope-Use of rope as brake-System of loading in force for 30 years without serious accident- Jury questions: (1) Was it part of the system of loading sanctioned by the shipowners that the winch should continue to run while the load was being held suspended as in this case? Yes; (2) Was the rope of suitable quality and free from patent defect when used to lower the last load? If "No," did such defect contribute to the breaking of the rope? Not suitable. Not free from defect. Yes; (3) Was the rope loaded beyond its safe working load? Yes-Award: £3000-Whether evidence to support findings-"Personal negligence or wilful act" of shipowners-Workmen's Compensation Act, 1925, Sect. 29, 32-Docks Regulations, 1925, Nos. 20, 30, 44