ROSS (OR SIMPSON) AND OTHERS v. RAILWAY EXECUTIVE.

(1947) 81 Ll.L.Rep. 317

HOUSE OF LORDS.

Before Lord Thankerton, Lord Porter, Lord Uthwatt, Lord du Parcq and Lord Oaksey.

Negligence - Duty to take care - Shunting operations on quayside-Alleged breach of by-laws by railway servants - Whistling -Duty to warn - Fatal accident to dredging-master (R.) in employ of Clyde Navigation Trustees - Shunting operations being carried out by servants of L.M.S. (now Railway Executive) on quayside (Glasgow) in occupation of Trustees-R. walking towards his ship by way of level crossing - Level crossing partly obstructed by stationary engine (with wagons attached) - Gap between attached wagons and other wagons which had been uncoupled - Movement of engine and wagons as R. passed through gap-R. knocked down-Claim by R.'s dependants against railway company-Duty of railway company's servants-Clyde Navigation Trustees By-laws (concerning use of harbour tramways): 5. Every engine shall whistle as a warning before starting. 6. Every locomotive or train shall, besides the driver and fireman, be attended by two men, one of whom shall act as pilotman and be in advance, and it shall be his duty to warn all persons to keep out of danger . . . and no movement of the locomotive or train shall be made until the pilotman shall give the "all right" signal. When wagons are propelled, the second man shall walk alongside the train, or ride on it in such position as to be able to transmit signals from the pilotman to the engine-driver . . .