March 16, 1992, Hancox CJ, delivered the following Judgment.
The facts giving rise to this appeal are that the Appellant, in the course of his employment by the Respondent Port Authority was driving a tractor for the purpose of moving scrap metal, which was being stacked on the tractor by the operator of a fork lift who was another employee of the Ports Authority, but who has since retired.
The plaint contained the usual provision in these master and servant cases, namely that the Authority was obliged to provide a safe system of work, plant and appliances, so as to enable him to carry out his duties without undue risk of damage or injury to himself. The next following paragraph avers that at about 11 am on the 28th October, 1986 the Appellant was seriously injured when he slipped and fell whilst alighting from his tractor.
“as per the instructions of the defendants. And/or its servants and/or agents”.
These follow the usual, stereotyped, particulars of negligence which can be obtained fr…