VELLA v. LLANBERIS STEAMSHIP COMPANY, LTD.

(1950) 84 Ll.L.Rep. 140

COURT OF APPEAL.

Before Lord Justice Tucker, Lord Justice Asquith and Lord Justice Jenkins.

Negligence-Occupiers of ship undergoing repairs in dock-Means of access and egress-Duty of inspection-Personal injuries sustained by plaintiff boiler scaler engaged on repair work to ship- Ship in occupation of owners-Jacob's ladder belonging to shipowners in use to enable plaintiff to get from deck to staging where he was working- Evidence given on plaintiff's behalf that when work was finished for the day at about 4 30 p.m. the Jacob's ladder was securely attached near bows so that it could not be used, but that when plaintiff left the ship by way of a fixed ladder the Jacob's ladder was seen to be hanging down amidships; that on arriving at the ship at about 8 30 a.m. next morning he found the Jacob's ladder in approximately the same amidships position and apparently securely fixed; and that on climbing the Jacob's ladder it fell and he was injured-Claim against shipowners - No evidence called by shipowners-Duty of shipowners (as occupiers) to take reasonable care to see that means of access to and egress from ship were reasonably safe- Extent of duty of inspection-Appeal by plaintiff against decision of learned Judge that negligence was not proved.