Smithwick v National Coal Board

Subject Matter

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.