Reinhardt v Irish Shipping Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1964
• Date: 01 January 1964
• Court: Supreme Court

(S.C.)

Reinhardt

and

Irish Shipping Ltd

Seaman - Ship at sea -Bathing pool erected for use of crew - Workman injured when climbing up to bathing pool when not on duty.

The plaintiff, who was employed by the defendants as an assistant messman on a ship which was sailing in the tropics, was injured when he fell from the top of a bathing pool, which had been erected for the use of the crew, when he was climbing into the pool. The plaintiff at the time of the accident was not on duty. He alleged that his fall was due to the ship "taking a lurch." The Circuit Court Judge found that the plaintiff suffered personal injury by accident arising out of and in the course of his employment and awarded him compensation under the Workmen's Compensation Acts. On appeal by the employers to the Supreme Court it was held that the appeal must fail. Per Kingsmill Moore J. (with whose judgment the other members of the Court agreed): "I conclude then that the workman was on...