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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

Lord Reid, Lord Hodson, Lord Guest, Lord Pearce and Lord Upjohn
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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