High Court of Australia
1978/88
W. M. Houston, Govt. Print. Met,
IN THE HIGH COURT OF AUSTRALIA ©
SHB COMMONWEALTH OF AUSTRALIA
18/4
REASONS FOR JUDGMENT
Judgment delivered at... SPOOF... on... teesday, Sth May 1959
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Judgment for the plaintiff in the suz of £2,79Z.t%e Sy with conte,
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This is an action for damages for breach of statutory duty and negligence which stems from an accident which happened at the defendant's brick works near Canberya on the 9th July 1953, when the plaintiff's left hand was severely mutilated by being caught under the press of 4 brick-making machine which started working when he did not expect it to do a0.
The plant unit with which this action is concerned comprises the brick-meking machine itself and the electric motor that operates it. The electric motor is started first by a button and then, to bring the machine inte operation a& lever is pulled whieh is so situated that persons in front of the machine are not visible from it, although it fe only sone few feet aways
'The plaintiff, on the morning in question, was to | work at the front of the machine, his job, together with a fellow employee named Smith, being to take avay from a tray which was part of the machine and put in a barrow for removal, bricks made by the machine by pressing dirt, water and oi] by means of a press with plates heated to prevent adhesion.
The machine deposited the bricks on the tray. Men doing the plaintiff's job ere called "machine men taking off", 'the
other members of the crew of the machine, on the morning in i question, were Watt, the machine san in charge, and Souerfield,) the mixing man. after the machine had compressed the bricks,
2.
they came out two at a time on to the tray through an aperture which gave entrance to a circulating table fitted with clot boxes which received dirt from the bottom of a pug mill where it was mixed, and te the press which compressed the bricks in the clot boxes. The plaintiff had his hand and arm in this aperture when he was injured.
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