HOLT v. W. H. RHODES & SON, LTD., AND MERSEY SHIPPING & TRANSPORT COMPANY, LTD.

(1948) 82 Ll.L.Rep. 397

COURT OF APPEAL.

Before Lord Merriman (President), Lord Justice Asquith and Mr. Justice Vaisey.

Master and servant-Duty of master to provide safe system of working - Master pro hac vice-Crane and plaintiff driver lent on hire by general employers (second defendants) to stevedores (first defendants) - Personal injuries sustained by plaintiff while working under directions of stevedores-Method of working-Power obtained for crane by plugging in flexible cable from crane to switch-box fixed on pillar and 12 ft. 7 in. from the ground-Switch-box normally reached by plaintiff climbing back of jib of crane-Stowage of oil drums and sugar bags by stevedores round base of pillar to height of from 6 ft. to 9 ft., and obstructing use of crane as ladder to switch-box-Switch-box twice reached by plaintiff climbing obstruction - Ordering of plaintiff by stevedores' foreman to move crane to a position necessitating the unplugging of the cable-Foreman's knowledge of obstruction and of necessity of unplugging cable - Attempt by driver to reach switch-box by climbing obstruction - Fall resulting in personal injuries to plaintiff - Admission by general employers that they were plaintiff's employers at all material time and were under a duty to provide a safe system of working-Finding by learned County Court Judge that plaintiff was therefore precluded from asserting, and that he (the Judge) was precluded from holding, that the stevedores were under such a duty; and that the general employers were not responsible for a system of working made defective by the casual action of the stevedores - Plaintiff's claim for damages accordingly dismissed.