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7 Managerial L. 1 (1969-1970)

handle is hein.journals/ijlm7 and id is 1 raw text is: RODGERS v. LONDON BRICK CO. LTD QUEEN'S BENCH DIVISION Roskill J. RODGERSv. LONDON BRICK CO. LTD. April 24, 1969 Mines and quarries - Act of 1954 - Duty to fence - Construction - Hoisting tractor out of clay pit - Nip between ram connecting cylinder with scarifying bar on back of tractor - Slip by employee trapping foot in nip - Whether ram a reasonably foreseeable cause of injury - Whether a dangerous exposed part of machinery - Whether duty to fence - Rope from crane not long enough to reach if tractor on level ground - Tractor backed up to bottom of slope - Whether failure to provide longer rope breach of common law duty - Mines and Quarries Act, 1954 (2 & 3 Eliz.Ii, c.70) ss.82, 115(a). The Mines and Quarries Act, 1954, provides by section 82: (1) Subject to the provisions of this section, every fly-wheel and every other dangerous exposed part of any machinery used as, or forming, part of the equipment of a mine shall be securely fenced; and where means of fencing are prescribed with respect to any such part of any such machinery as aforesaid, the fencing provided in pursuance of the foregoing provisions of this subsection for that part shall be provided by those means. (2) It shall be the duty of the manager of every mine to ensure that fencing provided in pursuance of the foregoing subsection is properly maintained and is kept in position while the parts required to be fenced are in motion or in use,. .. By section 115: The following provisions of this Act, namely . .. sections 80 to 82 ... shall apply to quarries as they apply to mines with the substitution, for references to mines, of references to quarries and subject also to the following additional modifications, that is to say :- (a) for references in sections 82 ... to the manager there shall be substituted references to the owner .... The Factories Act, 1961, provides by section 14: (1) Every dangerous part of any machinery ... shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. The plaintiff, a maintenance rigger employed by the defendants at a clay pit, suffered personal injuries when he trapped his foot in a nip created by a ram connecting a cylinder on the back of a tractor with a scarifying bar on the back of the tractor. The accident occurred while the tractor, not normally used in the I

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