RH Johnson Crane Hire (Pty) Ltd v SA Iron & Steel Industrial Corporation Ltd. (207/85) [1987] ZASCA 39 (31 March 1987)

RH Johnson Crane Hire (Pty) Ltd v SA Iron & Steel Industrial Corporation Ltd. (207/85) [1987] ZASCA 39 (31 March 1987)

The Supreme Court of Appeal found that the written contract terms relied upon by the appellant were proved and formed part of the agreement. Under these terms, the operator was under the sole and absolute control of the respondent during the operation, and the respondent was responsible for giving clear instructions and supervision. The evidence established that the operator attempted to lift a load far in excess of the crane's capacity, pressed the by-pass button contrary to safe operating procedures, and disregarded the load chart, amounting to negligence. The rigger, as the respondent's servant, also failed in his duty by instructing the operator to attempt the lift despite knowing the...

Citation
[1987] ZASCA 39
Parties
Appellant: RH Johnson Crane Hire (Pty) Ltd; Respondent: SA Iron & Steel Industrial Corporation Ltd.
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 March 1987
Case Number
207/85
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal upheld. Judgment in favour of the appellant for damages and costs.
Judges
Viljoen, Botha, Smalberger, Vivier, Kumleben
Legal Topics
Locatio Conductio, Contractual Liability, Negligence, Proof of Damages, Hire of Movable Property
Commercial and Corporate Land and Property Locatio Conductio Contractual Liability Negligence Proof of Damages Hire of Movable Property

Case Brief

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Parties

RH Johnson Crane Hire (Pty) Ltd

Appellant

SA Iron & Steel Industrial Corporation Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether the respondent is liable for damages resulting from the collapse of the hired crane.
  2. 2 Whether the operator of the crane acted negligently and if such negligence is attributable to the respondent.
  3. 3 Whether the written contract terms, including indemnity and control clauses, were proved and formed part of the agreement.

Ratio Decidendi

The Supreme Court of Appeal found that the written contract terms relied upon by the appellant were proved and formed part of the agreement. Under these terms, the operator was under the sole and absolute control of the respondent during the operation, and the respondent was responsible for giving clear instructions and supervision. The evidence established that the operator attempted to lift a load far in excess of the crane's capacity, pressed the by-pass button contrary to safe operating procedures, and disregarded the load chart, amounting to negligence. The rigger, as the respondent's servant, also failed in his duty by instructing the operator to attempt the lift despite knowing the...

Court Disposition

Appeal upheld. Judgment in favour of the appellant for damages and costs.

Orders

  • Judgment is granted in favour of the plaintiff in the amount of R558,887.29 with interest at 15% per annum from the date of judgment.
  • The respondent is ordered to pay the costs of suit, including the costs occasioned by the employment of two counsel.