MERSEY DOCKS AND HARBOUR BOARD v. COGGINS & GRIFFITH (LIVERPOOL), LTD., AND McFARLANE.

(1945) 79 Ll.L.Rep. 569

HOUSE OF LORDS.

Before Viscount Simon, Lord Macmillan, Lord Porter, Lord Simonds and Lord Uthwatt.

Master and servant-Vehicle and servant lent on hire-Negligence of servant-Liability of hirers-Respondeat superior-Prima facie responsibility of employers for negligence of servant-Onus of proof upon employers to prove that their servant was pro hac vice the servant of hirers-Claim by plaintiff checker against C. & G. (stevedores) and Dock Board-Plaintiff employed by D. & Co. in checking loading of cargo on board ship at North Sandon Dock, Liverpool-Mobile crane hired by C. & G. from Dock Board-Negligence of crane driver, resulting in personal injury to the plaintiff-Whether crane driver pro hac vice the servant of C. & G.-Effect of Dock Board Regulations providing that "the Board do not provide any labour in connection with the cranes except the services of the crane drivers for power cranes. The drivers so provided shall be the servants of the applicants"- Evidence that Dock Board paid wages of crane driver and that they alone had power of dismissal; that hirers had immediate direction and control of operations to be executed by crane driver- Decision of Croom-Johnson, J., that the crane driver was still employed by the Dock Board at the time of the accident, and that they were therefore liable to the plaintiff - Decision affirmed by C.A. - Appeal by Dock Board.