GRIGG v. ELDER DEMPSTER LINES, LTD.

(1941) 69 Ll.L.Rep. 25

KING'S BENCH DIVISION.

Before Mr. Justice Singleton.

Negligence-Personal injuries sustained by plaintiff stevedore engaged in unloading cargo from defendants' motor vessel Henry Stanley-Plaintiff engaged as winchman on starboard electrical winch-Port winch, in charge of H., used for lifting cargo from hold, starboard winch to pull load to side- Slack turns of wire on drum of port winch-Wire unwound on to deck and then rewound, plaintiff assisting in operation-Plaintiff's foot caught by loop of wire-Port winch shut off by H. -Failure of port winch to stop immediately -Plaintiff seriously injured- Evidence of inspection of winches by shipowners - Suggestion that brake control lever jammed, staying in vertical position-Duty of stevedores to inquire into working of winches before use-Onus of proof of negligence.