BRITISH ARC WELDING COMPANY (NORTH EAST COAST), LTD. v. LONDON & NORTH EASTERN RAILWAY.

(1942) 73 Ll.L.Rep. 140

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Negligence-"Owners' risk and responsibility" -Damage to plaintiffs' mobile welding plant while on defendant railway company's premises - Damage due to collapse of crane on defendants' premises -Claim by plaintiffs, alleging negligence and/or breach of duty-Defence (inter alia) that the railway company were exempted from liability for negligence by reason of the terms of an agreement between the parties by which, for an annual rental, the plaintiffs were permitted to bring their apparatus on to the company's premises, and providing that "The apparatus whilst on the company's premises will be at the owners' risk and responsibility"-Preliminary point of law for the Court-Protection provided by the terms of agreement - Whether plaintiffs licensees or invitees.