ELLIOTT v. BRITISH ELECTRICITY AUTHORITY AND MERSEY DOCKS AND HARBOUR BOARD.

(1948) 82 Ll.L.Rep. 441

LIVERPOOL ASSIZES.

Before Lord Goddard (Lord Chief Justice).

Negligence - Breach of statutory duty - Shunting operations in dock power station siding - Inexplicable fatal accident to E., coal foreman of first defendants, Electricity Authority -E. in charge of stacking of coal in siding-Railway engine belonging to second defendants (dock authority) engaged in hauling wagons from siding - Railway line in "cutting" between banks of coal - Refusal by shunter to couple wagons to engine owing to danger from proximity of coal to line-Coupling of wagons to engine by E. - "All clear" signal given by E. from safe position, behind engine, on bank of coal to west of line -Departure of engine and wagons- Subsequent discovery of E. fatally injured on cast side of line-Claim by E.'s widow under Fatal Accidents Acts alleging (1) negligence of second defendants' servants; (2) breach by first defendants of Regulation 9 of Regulations for use of Locomotives and Waggons on Lines and Sidings in or used in connection with Premises under the Factory and Workshop Act, 1901 ([1906] S.R. & O., No. 679)-Contributory negligence.