Bloor v Liverpool Derricking and Carrying Co Ltd    Negligence – Common employment – Director acting as foreman – Workman temporarily
relieving fellow-worker – Volenti non fit injuria – Heart disease – Novus actus interveniens –
Stay of execution – Irrecoverable payment to plaintiff.
The plaintiff was the widow of a man employed by the defendant company as a derricker.
The deceased had left the barge on which he was employed and volunteered to act
temporarily as tipper on a second barge in order to relieve a fellow-workman. The fellowworkman
was in fact a director of the company, but at the time he was acting merely as a
foreman over the job, and was not there as representing the board of directors. While engaged
as a tipper in these circumstances he stumbled and fell into the hold, sustaining minor
injuries. He was removed to hospital and given an anaesthetic under which he collapsed and
died. The post mortem examination showed that he had a diseased heart, but neither the
history of the man’s activities nor the use of a stethoscope did or would have disclosed the
man’s condition. At the trial it was held that the death was due to the negligence of the
defendants, who were ordered to pay to the plaintiff £785, of which sum £300 was not to be
recoverable in any event. On appeal:—