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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

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