RONALD v. GILMARTIN.

(1935) 51 Ll.L.Rep. 256

COURT OF SESSION.

Before Lord Aitchison (Lord Justice-Clerk), Lord Hunter, Lord Anderson, Lord Murray, Lord Blackburn, Lord Morison and Lord Fleming.

Employers' Liability Act, 1880-Claim by dock labourer against his employer (stevedore) for personal injuries sustained while employed as one of gang to unload the steamship Meta-Gang engaged by F, also employed by defender, upon his (defender's) instructions (F engaged the gang of 15 labourers and thereafter directed their operations and occasionally assisted in unloading at hatch No. 1; they were bound to obey his orders and were subject to dismissal by him at any moment; they received their daily wages through him and he himself received a higher rate of wage from the defender than that which was transmitted through him to the men)-Pursuer injured owing to negligence of F in discharging his duties as hatchmouthman in that he failed to give the winchman the appropriate signals when a load was being raised from the hatch- Defence of common employment - Whether F engaged in superintendence within the meaning of the Employers' Liability Act-Sect. 1 (2) provides that a workman shall have the right to recover compensation from his employer if he is injured "by reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence"-Sect. 8: "The expression 'person who has superintendence entrusted to him' means a person whose sole or principal duty is that of superintendence, and who is not ordinarily engaged in manual labour."