LOVELL v. BLUNDELLS & T. A. CROMPTON & CO., LTD.

(1943) 77 Ll L Rep 340

KING'S BENCH DIVISION.

Before Mr. Justice Tucker.

Negligence-Proper plant and appliances- Personal injuries sustained by plaintiff boilermaker engaged in repair work on board ship in wet dock-Plaintiff standing on plank put in position by himself- Collapse of plank, plaintiff falling to floor -Cause of accident not established- Claim against employers, alleging failure to provide proper plant and appliances- Duty of employer-Contributory negligence -Volenti non fit injuria-Further allegation by plaintiff that defendants were in breach of their duty under the Shipbuilding Regulations: (a) to have available sound and substantial material for staging; (b) to provide a safe means of access-Applicability of Shipbuilding Regulations to ship in wet dock - "Factory"-Shipbuilding Regulations, 1931, Regulations 1, 11-Factories Act, 1937, Sects, 26, 60, 106, 151, 159.