DENNY v. SUPPLIES & TRANSPORT COMPANY, LTD., AND SCRUTTONS, LTD.

(1950) 84 Ll L Rep 47

COURT OF APPEAL.

Before Sir Raymond Evershed (Master of the Rolls) and Lord Justice Jenkins.*

Negligence - Loading of barge - Bad stowage-Apprehension of danger in unloading-Opportunity for inspection -Novus actus interveniens-Personal injuries sustained by plaintiff dock labourer in unloading timber from barge-Barge loaded by second defendant stevedores overside from steamship -Barge taken to quay where she was discharged into lorries by first defendant stevedores (plaintiff's employers) -Timber negligently stowed in barge- Complaint made by plaintiff as to method of stowage-Collapse of timber during unloading-Knowledge and opportunity for inspection by first defendants of bad stowage-Whether amounting to novus actus interveniens -Evidence that only practical choice lay between refusing to unload and unloading it in the normal way-Judgment entered by learned County Court Judge against second defendants- Appeal by second defendants.