ADAMS v. G. A. JARROLD & SONS, LTD.

(1948) 82 Ll.L.Rep. 422

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Negligence - Stevedores - Unloading of deck cargo of timber overside into barge-Personal injuries sustained by plaintiff tally clerk-Timber unloaded by ship's derricks (Nos. 3 and 4) fore and aft of stack - Booms of derricks 14 ft. apart, necessitating swinging of chains in order to pick up sets from centre portion of stack - Plaintiff, working on deck, tallying timber unloaded by No. 3 derrick - Struck by chain of No. 4 derrick which, having unloaded a set overside, was returning to loading position on deck-Dispute as to plaintiff's position when struck - Whether working within area properly covered by No. 3 derrick-Alleged negligence of defendant stevedores in management of No. 4 derrick-Onus of proof-Evidence of warning given to plaintiff-Contributory negligence.