GRANT v. SUN SHIPPING COMPANY, LTD., AND ALEXANDER STEPHEN & SONS, LTD.

(1947) 81 Ll.L.Rep. 383

HOUSE OF LORDS.

Before Lord Thankerton*, Lord Porter, Lord Uthwatt, Lord du Parcq and Lord Oaksey.

Docks Regulations, 1934 - Breach of statutory duty-Contributory negligence - Covering of hatches - Lighting - Personal injuries sustained by pursuer (dock labourer) working on 'tween deck of first defenders' ship-Second defenders' (ship - repairers') men working in lower holds-Number of 'tween deck hatch covers removed to enable repair work to be carried out-Upper deck hatch covers on, necessitating use of artificial light supplied by three clusters-Break for lunch by pursuer and his mates, second defenders' men remaining at their work - 'Tween decks found in darkness by pursuer and his mates upon their return, second defenders' men having by then finished their work- Cluster of lights detected face down on other side of hold-Attempt by pursuer to reach lights by proceeding direct across hatch-Hatch uncovered-Fall down hold -Claim brought by pursuer against defenders alleging common law negligence and breach of statutory duty under Docks Regulations, 1934 - Defenders' plea of contributory negligence-Regulations 12, 37 (a), 45.