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Lloyd's Law Reports

MIZEN v. C. J. KING & SONS, LTD., AND PORT LINE, LTD. (J. JEFFERIES & SONS, LTD., THIRD PARTIES.)

(1943) 76 Ll L Rep 96

BRISTOL ASSIZES.

Before Mr. Justice Charles.

Negligence-Docks Regulations, 1934-Breach of statutory duty - Unfenced hatch - Absence of adequate lighting-Unsafe means of access-Workman, employed by J. & Sons, engaged in repair work to steamship-Ship being unloaded by stevedores - Workman killed by fall into unguarded hold in 'tween decks-Evidence that stevedores had put stanchions and guard chains round 'tween deck hatch when unloading was completed a short time before the accident-Action brought by widow (1) against shipowners for common law negligence; (2) against shipowners and stevedores for breach of statutory duty-J. & Sons joined by defendants as third parties-Docks Regulations 12, 37.

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