Hesketh v Wellington Harbour Board and New Zealand Shipping Company Limited - [1947] NZLR 574

Master and Servant — Negligence — Transference of Employment — New Trial — Crane-driver — Injury to Third Person caused by Negligence of Crane-driver — Whether Regular Employer or Hirer liable — Failure to leave to Jury, when asked to do so, Question as to whose Control Crane-driver was under at Time of Accident — Question of Fact — Misdirection occasioning Substantial Wrong or Miscarriage of Justice — New Trial granted — Restriction of New Trial to Question of Control — Code of Civil Procedure, R 279.