KELLEY v. SHAMROCK SHIPPING COMPANY, LTD.

(1933) 47 Ll.L.Rep. 33

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Mr. Justice Eve.

Negligence - Personal injuries sustained by pilot disembarking overside from ship he had piloted - Foot caught in steering chain on outside ledge - Questions for jury: "(1) Were the defendants negligent, apart altogether from the negligence of their servants? Yes. (2) Were the defendants negligent through their servants? Yes"-Finding of learned Judge that the accident was largely due to the personal negligence of the shipowners themselves, in that the chain constituted an unguarded trap against which the pilot had not been warned, and that therefore the pilot was entitled to recover Workmen's compensation-"Workman"- Pilot's engagement with defendants lasting less than a day-Total remuneration for a year exceeding £350- Whether excepted from definition "workman"-Workmen's Compensation Act, 1925, Sect. 3