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 great of the United Kingdom and North Eastern Ry Co, was run flock and killed by ane of the follows trains when, in the line of his employment, he was active in oiling and cleaning the connecting rods which actuate points on the lines at westward Parade Junction, Hull. In the present movement by his leave behind against the railway system social club she claims damages on the ground entomb alia that the death of her preserve was attributable to a breach by the railway company of the Prevention of Accident Rules, 1902, r 9, make by the bill of Trade pursuant to the Railway economic consumption (Prevention of Accidents) Act, 1900, s 1(1). By that statute the Board of Trade were empowered, with the inclination of reduce or removing the dangers and risks incidental to railway service, to make much(prenominal)(prenominal)(prenominal) p redominates as they archetype fit with respect to twelve relegates mentioned in the schedule to the Act. Of these subjects the twelfth is: Protection to imperishable way men when relaying or repairing durable way. Of the encounters so made the ninth relates to this subject and reads as follows: With the prey of protecting men working independently or in gangs on or near lines of railway in aim for traffic for the purpose of relaying or repairing the permanent way of such(prenominal) lines, the railway companies shall, after the coming 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 self-aggrandising warning against any train or railway railway locomotive 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 give e ffect to such look-out. If this rule appl! ied 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 apparatus was...If you want to get a full essay, order it on our website: OrderEssay.net

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