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3 Managerial L. 1 (1967-1968)

handle is hein.journals/ijlm3 and id is 1 raw text is: SMITH (FORMERLY WESTWOOD) v. NATIONAL COAL BOARD HOUSE OF LORDS Lord Reid, Lord Hodson, Lord Guest, Lord Pearce and Lord Upjohn SMITH (FORMERLY WESTWOOD) v. NATIONAL COAL BOARD May 22, 1967 Mines - Colliery - Rail track - Dirt-stack less than three feet from line - Shunter accompanying train - Path across dirt-stack - Route shunter was required to follow - Negligence at common law - Coal and Other Mines (Sidings) Regulations, 1956 (S. I. 1956, No. 1773), reg. 20. The Coal and Other Mines (Sidings) Regulations, 1956, provide by regulation 20: The manager of every mine shall make and secure the efficient carrying out of arrangements whereby, in every case in which any material is placed (otherwise than on ground ordinarily used for the stocking of material) at a distance less than three feet from the track of rails of a line and any person employed at the mine is required in the course of his duty to pass on foot over that material or between it and the line, that material is so placed in such manner that - (a) every such person can so pass without being exposed to risk of injury by traffic on that line; and (b) if that material extends (whether continuously or not) for a distance exceeding 60 feet measured parallel with that line, there are provided at intervals not greater than 60 feet adequate spaces or recesses in that material. An experienced shunter, employed at the sidings of a colliery, was required to accompany three wagons pushed by a locomotive from point A to point B. The train overhung the line by almost two feet. The shunter was walking ahead of the wagons in the usual way in a space on the right hand side of the lines. On that side there was a colliery dirt-stack and ahead of the shunter, in consequence of bulldozing operations, the space between the stack and the lines gradually narrowed to less than three feet. Starting before the point of the narrowing, a broad track had been bulldozed over the

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