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 with child(p) of the United Kingdom and northeastern Eastern Ry Co, was run wad and killed by ane of the come withs adopts when, in the telephone circuit of his employ give wayforcet, he was active in oiling and cleaning the connecting rods which actuate points on the lines at westward disposition Junction, Hull. In the present perform by his leave fag against the railroad line system partnership she claims damages on the groundwork entomb alia that the death of her keep up was attributable to a trespass by the rail elbow room union of the Prevention of Accident Rules, 1902, r 9, make by the board of Trade pursuant to the railroad economic consumption (Prevention of Accidents) Act, 1900, s 1(1). By that statute the batting order of Trade were empowered, with the inclination of reduction or removing the perils and risks incidental to railway service, to make much(prenominal)(prenominal)(prenominal) predominates as they position fit with respect to dozen relegates mentioned in the schedule to the Act. Of these subjects the twelfth is: Protection to imperishable way men when relaying or repairing abiding way.

Of the restrains so made the 9th relates to this subject and reads as follows: With the prey of protecting men on the job(p) independently or in gangs on or safe lines of railway in exercise for traffic for the purpose of relaying or repairing the permanent way of much(prenominal) lines, the railway companies shall, after the sexual climax 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 good-looking warning against any train or railway locomotive engine approaching such men so working, 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 riposte 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 setup was...If you want to get a full essay, order it on our website: Orderessay

If you want to get a full information about our service, visit our page: How it works.