The Weekly Law Reports
[1965] 2 WLR 327
[QUEEN'S BENCH DIVISION.]
UDDIN
v.
ASSOCIATED PORTLAND CEMENT MANUFACTURERS LTD.
[1963 U. No. 269.]
1964 Nov. 25,
26,
27,
30;
Dec. 14.
Dec. 14.
McNair J.
Factory
— “Persons employed”
— Unauthorised act
— Unauthorised act in unauthorised place by workman
— Workman injured by unfenced revolving shaft
— Injury sustained during working hours
— Whether duty to fence
— Whether employers in breach of duty
—
Factories Act, 1937 (1 Edw. 8 & 1 Geo. 6, c. 67), s. 14 (1).
Factory
— Dangerous machinery (fencing)
— Transmission machinery
— Revolving shaft in upper storey of factory
— Whether “transmission machinery”
— Machine intended to be driven by mechanical power
— Unfenced shaft
— Whether breach of duty by employers of workmen to fence
—
Factories Act, 1937, ss. 17, 152.
Factory
— Dangerous machinery (manufacture)
— Persons liable
— Machine intended to be driven by mechanical power
— Manufacturer's obligation
— Whether any duty upon factory employer or occupier
—
Factories Act, 1937, s. 17.
Statute
— Construction
— Side note
— Cannot be used as aid to construction
—
Factories Act, 1937, s. 17.