McKENNA v. SMITH'S DOCK COMPANY, LTD., LONDON & NORTH EASTERN RAILWAY COMPANY AND W. J. TATEM, LTD.

(1947) 81 Ll.L.Rep. 149

DURHAM ASSIZES.*

Before Mr. Justice Morris.

Negligence - Concealed trap - Repairs to ship in wet dock - Occupier of dock - Factory - Personal injuries sustained by plaintiff boiler scaler - Fall through unguarded opening in floor of engine-room -Liability of independent contractors; of dockowners; of shipowners - Opening made by first defendants (under contract with shipowners to execute repairs) - Ship in dock belonging to second defendants - Plaintiff in employ of T., Ltd., who were also under contract with shipowners to execute repairs-Action brought by plaintiff (1) against first defendants, alleging negligence in creating a concealed trap, in failing to guard or give warning of opening in engine-room floor, and in failing to provide adequate lighting; (2) against second defendants, alleging breach of statutory duty under Shipbuilding Regulations, 1931, in (a) failing to provide safe means of access, (b) failing to guard opening, (c) failing to provide adequate lighting; (3) against shipowners, alleging negligence in failing to guard or give warning of opening in engine-room floor, and in failing to provide adequate lighting - Dispute as to lighting - Contributory negligence-Obligation of shipowners where their ship was in hands of repairers-Reliance upon repairers to take reasonable care-Lability of dockowners- Applicability of Shipbuilding Regulations -"For the purpose of such provisions" [i.e., provisions with respect to special regulations for safety relating to ship repair work carried out in a harbour or wet dock] "the ship shall be deemed to be a factory, and any person undertaking such work shall be deemed to be the occupier of a factory"-Factory & Workshop Act, 1901, Schedule VI, Part II, No. 25- Factories Act, 1937, Sects. 60, 106, 159- Shipbuilding Regulations, 1931, Regulations 1, 10, 42.