ASHWORTH v. J. McGUIRK & CO.

(1943) 77 Ll L Rep 1

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice du Parcq and Lord Justice Goddard.

Docks Regulations, 1934-Breach of statutory duty - Signaller - Unloading of ship - Personal injuries sustained by dock labourer while receiving cargo on quay -Struck by sling containing cargo swung from hatchway to quay - Claim against stevedores-"When cargo is being loaded or unloaded by a fall at a hatchway, a signaller shall be employed, and where more than one fall is being worked at a hatchway, a separate signaller shall be employed to attend to each fall"- Duty of stevedores-Whether satisfied by employment of signaller-Alleged absence of signaller at time of accident-Onus of proof of breach-Regulation 43.