LONDON & NORTH EASTERN RAILWAY COMPANY v. FURNESS SHIPBUILDING COMPANY, LTD.

(1934) 48 Ll.L.Rep. 1

HOUSE OF LORDS.

Before Lord Atkin, Lord Warrington of Clyffe, Lord Thankerton, Lord Macmillan and Lord Wright.

Contract-Indemnity-Defendant contractors engaged in reconstruction of plaintiffs' railway bridge-One of defendants' workmen killed and another injured by open carriage door of passing train-Negligence of plaintiffs' servants -Compensation claims against plaintiffs settled-Claim by plaintiffs against defendants under indemnity clause in contract-"34 (a) The contractor shall be responsible for and provide against all risks and contingencies whatever that may arise in respect of the works, and shall be liable to make good and pay for any interruption, accident, damage, loss or injury of, or to any person, property, or rights, whether public or private, and any loss of life caused in connection with the works, and shall indemnify the company against all actions, claims, losses, costs and expenses in respect of any such interruption, accident, damage, loss or injury as aforesaid or any such loss of life (even though the company may be primarily or jointly with the contractor liable therefor) and against all liability under the Employers' Liability Act, 1880, the Workmen's Compensation Act, 1925, the Lead Paint (Protection against Poisoning) Act, 1926, or any amendment thereof or otherwise . . . (b) For the purposes of more effectually indemnifying the company against all claims in respect of accident, injury or loss of life to workmen employed by the contractor or any sub-contractor, the contractor shall forthwith take out a policy of insurance in the joint names of the company and the contractor with an insurance company to be approved by the engineer, insuring the company and the contractor against their or his liabilities in respect of any such accident, injury, or loss of life, including all liabilities under the Employers' Liability Act, 1880, the Workmen's Compensation Act, 1925, the Lead Paint (Protection against Poisoning) Act, 1926, or any amendment thereof or otherwise. . . . The said policy shall also include any claim or claims by third parties in respect of any injury (fatal or non-fatal) to persons or damage to property, plant, materials or things of any kind in connection with the carrying out of the works . . ." - Construction