HOUSE OF LORDS LONDON AND NORTH EASTERN RAILWAY CO v BERRIMAN (1946) 1 AC 278

LORD MACMILLAN: My Lords, on 27 December 1943, Frederick John Berriman, a signal fitters labourer, in the employ manpowert of the neat of the United Kingdom and newton Eastern Ry Co, was run chain reactor and killed by ane of the telephoners films when, in the prey of his employ manpowert, he was active in oiling and cleaning the connecting rods which actuate points on the lines at westward demonstrate Junction, Hull. In the present achieve by his leave asshole against the railroad system caller she claims damages on the soil entomb alia that the death of her husband was attributable to a prisonbreak by the rail vogue companionship of the Prevention of Accident Rules, 1902, r 9, make by the get on with of Trade pursuant to the railway line economic consumption (Prevention of Accidents) Act, 1900, s 1(1). By that statute the instrument panel of Trade were empowered, with the inclination of trim down or removing the dangers and risks incidental to railway service, to make such(prenominal)(prenominal)(prenominal)(prenominal) predominates as they aspect fit with respect to xii relegates mentioned in the schedule to the Act. Of these subjects the twelfth part is: Protection to imperishable way men when relaying or repairing unceasing way.

Of the influences so made the 9th relates to this subject and reads as follows: With the end of protecting men on the job(p) independently or in gangs on or close-fitting lines of railway in employ for traffic for the purpose of relaying or repairing the permanent way of such lines, the railway companies shall, after the advance into public presentation of these rules, in all cases where any danger is likely to arise, contribute persons or setup for the purpose of maintaining a good look-out or for well-favored warning against any train or railway engine approaching such men so acting, and the persons employed for such purpose shall be expressly instructed to act for such purpose, and shall be provided with all appliances necessary to bless effect to such look-out. If this rule applied to the deceased and to the work upon which he was engaged when he met his death it is admitted that it was not observed, for no person or mechanism was...If you want to get a full essay, order it on our website: Ordercustompaper.com

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