ASHDOWN v. J. RUSSELL & CO.

(1947) 81 Ll.L.Rep. 194

KING'S BENCH DIVISION.

Before Mr. Justice Sellers.

Negligence - System of working - Breach of common law duty by employers-Contributory negligence by employee - Personal injuries sustained by plaintiff plumber, in employ of defendant ship-repairers, engaged in repair work in engine-room of ship-Use of oxy-acetylene apparatus to cut hole in pipe-Fire originating in fan-casing which was situated 5 or 6 ft. below pipe - Burning of rubber tube leading from gas cylinders resulting in release of gases and causing serious fire -Plaintiff and other employees injured- Duty of employers-Evidence as to origin of fire - Probability that spark entered opening in fan-casing (the grating cover having been removed for purposes of repair work) and ignited waste or dirt inside- Plaintiff working with mate - Whether defendants under duty to provide a third man to act as fireman - No instructions given by defendants to plaintiff as to precautions to be taken, nor was material supplied by them to enable him to take precautions.