Brown v NCB

332 words (1 pages) Case Summary in Cases

07/03/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of Parallelewelten.net.

If you would like to view samples of the work produced by our academic writers please click here.

Brown v NCB [1962] AC 574

Employer liability for personal injury arising out of statutory duty of a manager to keep roads secure.

Facts

An electrician was employed in a coal mine. A damaged tub was sent up a haulage in the drift and, on the way up, collided with and displaced a prop supporting the roof of the road, causing stone to fall. A second fall of stone hit the electrician, causing him injury.

Issue

Section 48 of the Mines and Quarries Act stipulates a duty on the manager of a mine to take step necessary to keep the road and working place secure. The issue arose as to whether the manager of the mine was in breach of this statutory duty and thus liable to the electrician, employed by the manager, that was harmed when a stone fell from the roof above.

Held

The Court held that the duty to of managers of mines to keep roads “secure” under Section 48 of the Act was not an absolute duty. The Court opined that the duty that applies to keeping roads “secure” was to maintain a “physical condition of stability” on the basis of the “best obtainable information as to the circumstances” as well as contemporary engineering (per Lord Radcliffe, pp 591-592) It was held that the manager had fulfilled this duty. On the facts, the injury to the claimant from stone fall was caused by a tub’s collision that knocked away a prop supporting the roof. Prior to this event, the roof was secure. Further, the claimant was injured immediately after the prop was knocked away, leaving no opportunity for the manager to rectify it. Thus, the manager was held to have fulfilled his statutory duty to take reasonable steps to secure the road and was not liable for the injury.

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

sarina valentina torrent

buysteroids.in.ua/inekczionnyie-anabolicheskie-steroidyi/primobolan.html

узнать больше buysteroids.in.ua

Current Offers