JOHNSTONE v. CLYDE NAVIGATION TRUSTEES AND JAMES SPENCER & CO.

(1948) 82 Ll.L.Rep. 187

HOUSE OF LORDS.

Before Lord Simonds, Lord Normand, Lord Morton, Lord MacDermott and Lord Reid.

Negligence-Stevedores-Failure to supply proper plant - Proof - Personal injuries sustained by pursuer, dock labourer engaged in loading ship in Glasgow dock-Fall of keg from tray while being hoisted by crane-Crane owned by first defenders and operated by craneman employed by them-Action brought by pursuer against first defenders, alleging negligence in craneman- Negligence denied by first defenders, it being alleged that accident was due to defective condition of tray (supplied by stevedores, pursuer's employers); also that accident was caused or contributed to by negligence of pursuer himself or of his fellow dock labourers -Stevedores joined by pursuer as second defenders-Evidence adduced by pursuer supporting case against first defenders and denying negligence of second defenders-Right of pursuer to found on evidence of craneman (denied by pursuer in his action against first defenders) to establish his claim against second defenders - Judgment of Lord Ordinary holding neither defenders to blame - Decision upheld by Inner House-Present appeal limited to case against second defenders.