C. BURLEY, LTD. v. MAYOR, ALDERMEN AND COUNCILLORS OF METROPOLITAN BOROUGH OF STEPNEY.

(1946) 80 Ll.L.Rep. 289

KING'S BENCH DIVISION.

Before Mr. Justice Hallett.

Negligence - Dangerous chattels - Removal of "trade refuse" - Damage to contractors' barges - Liability of sanitary authority - Agreement by plaintiffs to remove defendant Council's refuse by barge from Council's wharves - Barges loaded with miscellaneous refuse (including "trade refuse") - Fire in barges, causing serious damage - Action brought against Council - Provisions in agreement that "the contractors shall bear all risk and responsibility of whatever kind which shall attend or result from the execution of this contract" and "that the Council shall not be held responsible for any damage or mischief caused by or through the refuse after it has been shot for disposal into the contractors' barge or barge" - Alleged negligence of defendants in causing to be tipped into barges material which was potentially dangerous - Evidence that "trade refuse" loaded was composed in the main of magnesium "swarf" - Both plaintiffs' and defendants' servants unaware of nature of refuse or that it was dangerous - Impracticability of examination of refuse on tipping - Statutory duty of Council to remove "trade refuse" - Whether an implied term of agreement that refuse tipped should not contain material which was dangerous - Construction of agreement - Public Health (London) Act, 1936, Sect. 92 (1).