FENLON v. REA, LTD.

(1943) 77 Ll L Rep 8

KING'S BENCH DIVISION

Before Mr. Justice Hallett.

Negligence - Fatal accident to employee (director) of stevedoring company (R. & Son) engaged in unloading steamship at Liverpool Docks-Fall of frozen meat carcases from crane sling through striking ship's boat during lift-Alleged negligence of craneman employed by R. Ltd. (defendants) -Claim by personal representatives of deceased man-Slings loaded up by employees of R. & Son - Hatchman signaller also in employ of R. & Son-Ship discharging at berth appropriated to A. T. Co.-Placed at disposal of shipowners -Provisions for maintenance and working of shore cranes - Defendants normally employed by A. T. Co. to maintain and operate cranes - R. & Son engaged to discharge ship-Application made by R. & Son to A. T. Co. (in accordance with usual practice) for use of cranes-Defendants informed by A. T. Co. as to cranes required in unloading - Further details arranged between defendants and R. & Son-Alleged transfer of craneman's services by defendants to R. & Son (as agents for shipowners)- Whether defendants retained effective control - Evidence as to manner of discharge-Damages.