ADAMS v. FREDERICK LEYLAND & CO., LTD.

(1939) 65 Ll L Rep 154

KING'S BENCH DIVISION.

Before Mr. Justice Asquith.

Docks Regulations, 1934 - Breach of statutory duty - Personal injuries sustained by plaintiff stevedore by reason of fall into hold of defendants' steamship-Plaintiff employed by stevedoring company under control of defendants-Plaintiff engaged in loading newsprint in 'tween deck -Fall through hatchway - Hatch alleged to have been unfenced - Liability of defendants - Defences: that the duty of fencing lay upon the stevedores; that if that duty attached to the defendants, it was performed; that the plaintiff's injuries were caused solely or contributed to by his own negligence or breach of statutory duty; further, that if the duty of fencing lay upon the defendants to be performed through the ship's officers and crew, they and the plaintiff were in the common employment of the defendants - Duties of owner of ship under Docks Regulations - Regulation 37.