The Law Reports (King's Bench Division)
[1950] 2 KB 335
[COURT OF APPEAL]
SMITHWICK
v.
THE NATIONAL COAL BOARD.
1950 Apl. 18,
19,
20.
Tucker, Somervell and Denning L.JJ.
Mines
— Coal mine
— Machinery used in or about mine
— “Exposed and dangerous parts”
— Duty to keep securely fenced
— Parts exposed and dangerous
— Test to be applied
— “Foreseeability”
— Evidence
— Lack of fencing cause of workman's death
— Burden of proof
—
Coal Mines Act, 1911 (1 & 2 Geo. 5, c. 50), s. 55.