Franklin v The Gramophone Co Ltd

Subject Matter

FACTORY — Factory acts — Regulations made under Acts — Dry grinder producing dust — Inhalation of dust by workman — Contraction of pneumoconiosis and tuberculosis — Death — Regulation providing for prevention of inhalation of dust — Regulation exempting occupier of factory from liability — Supersession of section of Act by regulation — Common law duty of care for health of workmen — Liability of factory occupier at common law though requirements of regulation complied with — Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), ss. 74, 79, 82 — Factories Act, 1937 (1 Edw. 8 and 1 Geo. 6, c. 67), s. 47, sub-s. 1 – s. 60, s. 159, sub-s. 1 — The Grinding of Metal (Miscellaneous Industries) Regulations, 1925 (St. R. & O. 1925, No. 904), exception IV., reg. 1.

[1948] 1 KB 542; [1948] 1 All ER 353; 64 TLR 186; (1948) 92 SJ 124, CA